Students, artists welcome tattoo legalization
Caroline Richardson, Business Manager
photo: Caroline Richardson / Collegian
In November of 2006, Oklahoma became the last state to decriminalize tattooing, repealing a 1963 law that prevented any person from receiving a “permanent, indelible mark” upon his or her body. Provided that a tattoo artist becomes licensed and posts a $100,000 surety bond, he or she can operate within the state.
Many artists were tattooing in Oklahoma before the ban was lifted, operating through a loophole that tattoos were not permanent because they could be removed by laser surgery.
Dennis Tucker, owner of Kingtat Graphix on 11th Street, was one of those operating before the ban.
“I spent seven years fighting that law in court,” Tucker said.
“I asked for a conviction because I wanted to pursue it in a court of law. I didn’t want to hide what I do.”
Tucker was arrested just six months after opening his shop.
Numerous other problems existed because of the ban, and one of the most pressing was the issue of personal freedom.
Tucker cited a breach of constitutional rights as the biggest problem with the ban.
Destiny Pivonka, a former TU student with three tattoos, agrees.
“I don’t think the old law was even constitutional,” she said. “We have freedom of expression, and tattoos are neither permanent nor indelible.”
Senior Katie Reed thinks the law was indicative of Oklahoma’s stance on many issues.
“It’s just another example of how Oklahoma is lagging behind other states in progressive legislation,” she said.
Because tattoo artists could (and had to) operate without a license, there was no guarantee that any of them had experience in the art, or knowledge of proper sterilization techniques.
Freshman Brett Taylor chose to have his tattoo done in Dallas.
“It’s refreshing to know that the person doing your tattoo has a license,” he said. “You can’t take action later against someone who’s doing an illegal tattoo.”
Without any sort of license or practice, tattoos could also be performed with any implement, including electric toothbrushes and guitar strings, according to Pivonka.
“People don’t understand how nasty that is,” she said. “Those (guitar strings) aren’t even boiled down beforehand.”
Not all tattoos performed during the ban turned out badly. Pivonka received two of her tattoos prior to November at a now-closed Tulsa business from a Houston-based tattoo artist.
“I knew these guys when I went in, and I wasn’t worried,” she said. “He did a good job, and was very clean and professional.”
Aside from constitutionality and cleanliness, Taylor believed that the old ban was stifling an entire industry.
“Tattoos are a part of culture,” he said. “It’s kinda bad that Oklahoma wouldn’t let that happen.”
Although tattoo artists are now free to operate, the new law, rife with stipulations, has not been without its problems. Among its requirements for licensing, training, and inspections, the law also states that any tattoo operator must be at least 1,000 feet from a church, school, or playground. High Octane Tattoos, located 990 feet from a church, must now move out.
“The law’s doing a lot of good for the most part, but I don’t like being treated like a sex offender,” said tattoo artist Donovan, who asked not to be fully identified.
A January AP story, “Tattoo Artists Complain About Licensing Procedures,” describes one of the problems with the required $100,000 surety bond.
According to the article, the bond is intended to pay any needed medical expenses of customers, but bonds do not cover medical liability. Any artist failing to post the bond after Feb. 1 faced fines of $5,000 per day.
“The bond does absolutely nothing to ensure the safety and satisfaction of customers,” Tucker said. “It has everything to do with wanting money.
“Doctors need what, a $50,000 bond? Our fees are twice that,” he said.
Despite the problems, Tucker is glad for the law.
“I’ve met all the regulations. When the health inspector came, he walked in three feet, then handed me my papers,” he said.
While tattooing is now legal, and customers can have more confidence that artists are licensed and competent, some students have said that they will wait.
“I want everyone to be licensed before I get it here,” Taylor said. “It’ll be awhile.”
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