Tattoo shop owners fight new regulations
Courts: A final hearing to decide on the challenged provisions is set for 9 a.m. Tuesday
Tattoo shop owners fight new regulations
By Jay F. Marks
Published: April 29, 2007
Tony Garcia is committed to practicing his craft in Oklahoma.
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State's view
Health Department officials say the provisions are necessary to regulate the state's fledgling tattoo industry. They contend the challenged provisions, which originated in the Legislature, were enacted for a reason.
The surety bond was meant to protect customers in case a tattoo shop goes out of business before their tattoos are completed or ensure owners can pay fines levied by the Health Department, according to court papers filed last month by Health Department attorneys.
Agency officials say the bond amount is not unreasonable and the only reason some shop owners have had trouble obtaining one is poor credit ratings.
"For applicants with good credit ratings, the cost of insurance falls somewhere between $500 and $2,500,” according to court papers.
The proximity requirement apparently was intended to "avoid disruption of religious or educational activities,” attorneys wrote.Artists' views
Garcia and other tattoo artists who are members of the Association of Body Art argue the provisions are meant to limit the number of shops that open now that the practice is legal.
Their attorneys have challenged the regulations on constitutional grounds, alleging the state is trying to stifle their right to artistic expression
"These two challenged restrictions have made it excessively difficult if not downright impossible to own and operate this particular type of business in Oklahoma,” attorneys wrote in court papers. "No other legal business in Oklahoma is required to either carry a $100,000 penalty bond or be located more than 1,000 feet from a school, church or playground.
"This includes ‘vice' industries such as adult entertainment establishments, which must only be 500 feet from a school, church or playground, or bars, which are only subject to a 300-foot setback.”
Garcia said tattoo artists are being treated like criminals, comparing the distance restriction to those imposed on pedophiles and drug dealers.
Garcia has been denied a license for the shop he opened in April 2006 because it is too close to an elementary school, even though students don't come by the shop.
"It's not like we're taking their lunch money and giving them tattoos,” he said.
Garcia said there are two bars just as close to the school as his shop, but no one seems to be worried about that.
As for the surety bond, Garcia said it is a pointless requirement because it does not benefit the customer.
It does not cover any medical costs that might arise from a botched tattoo like liability insurance does, he said.
Garcia also rejected the notion that a bond would protect customers in case a shop goes out of business before a complex tattoo is completed.
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