Victory or defeat for tattoo shops

What seemed like a victory at the end of a huge battle has proven to only be the beginning of a major roadblock for many tattoo artists and shop owners. I’m referring to the stringent rules and regulations set forth in the current bill that legalized tattooing in the State of Oklahoma on November 1, 2006.

Representative Al Lindley, a democrat from Oklahoma City is the primary reason that Oklahoma finally became the last state in the Union to legalize tattooing. However, the harsh and slightly misguided language of the bill has prohibited many of the tattoo artists and shops in the state from becoming licensed. Many of the measures included in the bill are necessary to ensure that the public is protected and the highest safety standards are kept but there are a few of the stipulations that seem downright ridiculous.

The most alarming measure of the bill requires all shops to obtain a surety bond in the amount of $100,000. The initial reasoning for including this requirement in the new law was to protect consumers in the event of necessary medical treatment. However, surety bonds do not cover medical costs. A typical surety bond will cover loss or damage of physical property and/or theft by an employee. Every business in Oklahoma is required to carry liability insurance in the event that someone has any form of bodily harm or illness as a result of his or her patronage. Liability insurance should be the only requirement that the tattoo shops should need. The bonding industry does not really have a surety bond that fits the category required by the State of Oklahoma and as a result the cost for these bonds is exorbitant. Along with the large premium required for the bonds the purchaser typically will have to have a very high credit score and/or a large amount of credit. The difficulty in obtaining a surety bond has made it virtually impossible for many tattoo shop owners to obtain these bonds and thus fulfill the requirements to obtain their state licenses.

There are other issues that make the victory of tattoo legalization bittersweet as well. One of the other major issues for tattoo shop owners is the location issue that they face. According to the regulations the State of Oklahoma is not allowed to issue a license to any shop that is located within 1,000 feet of a school, church or playground. That may not sound like a tough requirement to deal with but it is regardless of the size city that the tattoo shops are located in. Tattoo shops that are located in larger cities and towns have to deal with a large populace of schools, churches and playgrounds. Some large cities seem to have a church on every corner. Shops that are located in smaller towns have limited choices for location and often the only commercially zoned areas do fall within the 1,000-foot buffer zone established by state law. The main goal of the tattoo bill is to ensure the safety of patrons but it is unclear as to how these zoning requirements ensure that consumers or even the general public is safer by not having a tattoo shop within 1,000 feet.

There is hope on the way though. Several tattoo shops have collaborated and are initiating legal proceedings against the State of Oklahoma concerning the unfair location issues. Representative Lindley is also drafting a revision on the current wording of his original bill that is now the current law. The two most important revisions being the surety bond requirements and the issue concerning the buffer zone. Those shops that are unable to become licensed due to either one of these issues should contact Representative Lindley’s office at the State Capitol as well as speak to an attorney regarding options they may have.


http://www.oklahomaink.com/articles/victory-or-defeat.php