Body artists stunned by new regulations denied by court 16 years ago

Seeming like they are facing a new battle in a war that was settled 16 years ago, local tattooers and body piercers believe state authorities are attempting to open a new front to hinder their artistic and financial freedom.

An email was sent to Oklahoma tattoo and piercing artists from the Oklahoma State Department of Health last week, stating they would have to post $100,000 surety bonds to continue practicing.

The email also references a statute that new tattoo shops are required to be located no closer than 1,000 feet from a church, school, or playground.

In the email, a July 1 date was set for these regulations to go into effect, however, the deadline was extended until Nov. 1.

The email cites 2022 Oklahoma statutes that were ruled unconstitutional in May 2007.

The surety bonding was originally mandated when Oklahoma legalized tattooing in late 2006.

A lawsuit was brought by a coalition of tattoo business owners in February 2007. The case resulted in a ruling that surety bonds were determined to be “punitive,” and requirements that tattoo shops not open within 1,000 feet of a school, church or playground were “irrational and unconstitutional,” according to Oklahoma District Judge Dan Owens’ ruling. He also issued a permanent injunction banning enforcement of the restrictions.

According to those in the industry, that has been the status quo until the recent notifications from the state health department.

The Constitution contacted the Oklahoma Attorney General’s Office and the state health department for clarity. A statement was received from the state health department:

“As we continue to evaluate existing laws as it pertains to new license holders, we will work with applicants and establishments to share any clarification or additional guidance.”

Those in the business said they aren’t finding clarity from the state health department.

LONG ESTABLISHED SHOP STUNNED

Rodney Schneider and Tom Paras opened Shine On Tattoo, 6516 Cache Road, when tattooing became legal in Oklahoma. At that time, the statutes spelled out requirements about location and posting a surety bond.

Sixteen years later, Schneider said receiving the email last week sent him into a state of confusion.

“I don’t know where we’re at right now, they just threw it on us,” he said. “It was thrown out a year after it was put in effect and, yet, here we are.”

Shine On artist R.D. Somerlott said it’s maddening to be nickel and dimed with the costs to make his art and continue his profession. From getting through your apprenticeship and accompanying fees followed by getting your license, taking classes for CPR, first-aid and blood-borne pathogens with costs accrued for city and state fees to operate, it’s enough to make you want to take it up with state legislators.

“I’m willing to go to the Capitol to protest,” he said. “A legitimate protest,” he added.

Schneider agreed. However, right now, he said, he’s trying to understand what’s going on. It feels like setting up more hurdles working in a legal and legitimate industry, he said.

“You gotta jump through all the hoops to get here,” he said, “and then jump through more.”

Schneider suggests looking into what a surety bond is, by definition.

According to securitybondsdirect.com, surety bonds provide coverage for, or ensure compliance with, local, state, or federal licensing and permit requirements. Other surety bonds guarantee payment of tax or other financial obligations. These bonds are referred to as “strict financial guarantee” bonds and often are more expensive due to the inherent risk of guaranteeing a payment as opposed to a compliance requirement.

“It’s just another racket,” Somerlott said. “It boggles the mind.”

NEW BUSINESS FEELS UNDER ATTACK

For the crew at one of Lawton’s newest tattoo shops, Inkwell Tattoo Studio, 1008 W. Gore, it’s news that’s potentially devastating.

After opening Feb. 2, owner/artist Jeremy Dodd said he believes the state is cracking down due to a few bad actors who set up multiple shops, make their money and close out before renewing the licensing and certifications.

“Others make us all look bad,” he said. “I think they’re putting a vice on this because people try to rock star and then get out of town.”

For individual tattooers, working in a cash only business, it doesn’t make sense. Insurance and liability waivers are already required, according to Inkwell artist Matt Shreve. The surety bond alone can cost up to five digits, he said.

“What that means is, as a tattooer, you’re going to pay up to $15,000 a year,” he said.

Added to these costs, according to the statute, tattooers and piercers are directed to publish a notice of license application or renewal at least once a week for three successive weeks in the community where they are practicing.

“We’re already advertising our business and post our certification in our booths,” Shreve said. “Anybody who comes into the shop can see that we’re licensed.”

“Why, in 15 years, are they doing this now?” Shreve asked. “Are they trying to run tattooing back underground?”

Citing the costs of recertification and licensing each year, Dodd said it doesn’t factor in the costs associated with opening a business which runs well over $10,000 or more.

Inkwell body piercing artist Dakota Hooper said it takes a lot for him to set up shop, as well.

“It takes a minimum of $4,000 to prepare to start to open,” he said. “It’s an expensive industry to be in and then to have all these costs, it’s crazy.”

Dodd believes some legislators and other officials have arcane beliefs of what skin art is all about. It’s a form of legislating and mandating morality, he said.

“I’ll tell you what,” he said, “whenever churches start paying taxes, I’ll pay for a surety bond.”

While Dodd believes it all comes down to legislators trying to squeeze the industry out of the state, Shreve, too, believes it all comes down to money.

“If they want to drive tattooers out of the state for a service availableeverywhere, what are they doing?” he asked.

In the past 30 years, tattoos and piercings have become more common, Shreve said. He believes governmental overreach will, in the end, impact customers most of all.

“Everybody gets a tattoo,” he said. “The state is going to make this a lessavailable service to them.”