Guilty By Expression

Once again, Utah’s politicians are attempting to establish laws that are misguided by their very nature, and unnecessary. Senator Charles H. Stewart, Utah County, has drafted a bill that will establish an age limit for persons to receive tattoos. This draft, if approved, will be reviewed and voted upon during the 19% Legislative Session, which begins this month.

Mic Radford, owner of Southern Thunder Tattoos, after hearing of this bill, phoned the Senator directly. Stewart informed Radford that, in summary, his bill will make it a felony for a tattoo artist to provide services to anyone under the age of 19. Radford and the owners of Utah’s other tattoo studios have since been in contact; all have expressed opposition to regulation of the tattoo profession.

According to the office of Legislative Research & General Counsel, as of Jan. 4 the bill had just undergone its first draft. The text now must be approved by the Senator, returned to Legislative Research, who will request a final approval from the Senator, and assigned a number before being introduced this Legislative Session. Given the current status of the bill, the Senator could still make changes if he wishes. “Regardless of any changes the Senator may make, I’m opposed to any regulation of the tattoo industry,” says Radford. “There are important issues at stake that I believe preclude any laws whatsoever.”

Senator Stewart is a physician by profession. When Radford pressed him about the basis of the bill, the Senator indicated that he has removed tattoos on people who didn’t want them anymore. Therefore, this bill intends to regulate an individual’s regret for actions taken previously. Is it the government’s responsibility to establish laws based on the emotions of the general population? Radford says no. “Tattoo artists are providing a requested service, and should not be charged criminally because a customer later regrets his or her actions” he says. Receiving a tattoo is a personal, cosmetic choice, not unlike ear piercing, hair styling, liposuction or breast implants. “If a person receives a haircut and baits it three weeks later, we don’t arrest the hair stylist” says Radford. “If a woman, after five years, doesn’t like the look of her breast implants, the doctor who performed the surgery is not arrested. So, a tattoo artist should not be charged with a felony when a customer later wishes they had not received a tattoo.”

This bill, unlike other age-restrictive laws, is not responding to health issues for tattoo customers. Alcohol is restricted to persons over the age of 21 in part because, before a certain age of human development, alcohol can damage the body. Drugs are illegal because of side effects and substances within them that are unhealthy. However, tattooing is safe and does not threaten the medical health of the individual when Health Department guidelines are followed. “Senator Stewart did not say he is proposing this bill because of health problems caused by tattoos” says Radford. “He only related cases where he has removed tattoos that are no longer wanted.”

Nor is this proposed legislation an effort to protect individuals from harm. Drunk driving laws are in place to protect other motorists from the intoxicated individual. Drugs are restricted because they can cause an individual to harm himself or those around him. Having a tattoo, however, does not pose a threat to the safety of the customer or anyone else.

“I can understand laws that address the health or safety of the population,” says Radford, “but neither issue is a problem within the tattoo industry, nor is either issue the basis for this drafted bill.”

Without concerns of health or safety, is regulation necessary within a profession that is demonstrating a sense of responsibility and regulating itself? Utah’s tattoo studios are professional and sensitive to age-related issues. At least two studios, including Southern Thunder, currently do not tattoo minors. Radford has tattooed minors in the past, but only with parental consent. “The parent had to sign the release form when making the appointment and be prep1 while their child received the tattoo.”

Artists are aware of the issues pertaining to age and tattoos, some of which are basic common sense. “I would never tattoo anyone under the age of 16 simply because they are still growing and that tattoo will change as they grow,” Radford says. With tattoo artists already taking such responsibility for their work and setting reasonable guidelines, “it’s unnecessary to impose regulation on an industry that is taking appropriate steps to regulate itself’ Radford says.

Furthermore, there are laws currently in place allowing legal recourse for minors. The parents of a minor may file criminal charges under existing child abuse laws. So, one might conclude that the child abuse-laws, coupled with the self-imposed policies on the part of Utah’s tattoo artists. eliminate the need for Senator Stewart’s drafted bill.

According to Radford, the Senator indicated he is concerned because tattoos are permanent. “Every one of my customers, whether 17 or 70 years old, is aware of this,” Radford says. The fact that tattoos are permanent is not an industry secret. “However, I will argue that people are free to make a number of other choices that are just as permanent.

A teenage girl can choose to have sex and face very permanent consequences if she gets pregnant. “How many 16 and 17-year-old kids are ‘permanently’ killed each year on bullet bikes, but we don’t arrest the motorcycle salesman,and charge him with a felony” says Radford. “You can get married at age 16, but we don’t arrest the person who performed the marriage ceremony should the couple change their mind later and file for divorce.”

Radford delves deeper, illuminating the threat posed by the first law restricting personal choice. “Look at what has happened to Utah tobacco laws,” he says. Smoking regulations have become increasingly restrictive, as recently as the 1995 Legislative Session. “It starts with one law,” says Radford. “Once the first law is established, it is much easier to create more laws, slowly chipping away at an entire industry.”

Such long term erosion could now be facing the tattoo profession. “If this ball gets rolling with the Legislature, they could eventually eliminate our ability to receive tattoos and express ourselves in a manner we feel is attractive and demonstrates our individuality” says Radford. This bill is imposing a moral judgment, taking away the freedom for individuals to choose how to adorn themselves.

And it may not stop with the tattoo industry. “Next there will be laws regulating what color you can dye your hair, what styles of clothes you can wear, further eliminating our freedom to choose how we want to look,” Radford says. “With all the health and safety issues facing society today; medical care, rampant violent crime, an overloaded justice system, and overcrowded prisons, it’s unrealistic and misguided for the government to assume the responsibility of regulating how people choose to adorn themselves.”

The readers of SLUG, who have always been leaders in the area of personal style and expression, are about to have their liberties violated and their freedom restricted — again. Radford urges SLUG readers to look at the issues discussed in this article and recognize that the nature of this bill is a moral one; an individual’s decisions about his or her appearance are not the responsibility of the government or the tattoo artist.

“We need to react to this situation and inform our legislators that we oppose this bill and the regulation of the tattoo industry, starting with Senator Stewart” Radford urges. The names, addresses, and phone numbers of Utah representatives are public domain:

Senator Charles H. Stewart 447 West 4150 North Provo, Utah 84606 Home: 221-0748 Office: 375-4100

“I encourage SLUG readers to start calling Senator Stewart and their local representatives,” says Radford. 11 intends to continue fighting this bill, contacting every state official as this progresses towards the floor of the Legislature.” Information for contacting all state representatives is available by calling Southern Thunder Tattoos at 485-8282.

“Senator Stewart indicated to me that he wishes to send a message to the tattoo profession,” Radford says. “With the current problems we’re facing because of an oversized government, I believe the Senator’s efforts would be better directed at placing responsibility for these personal issues back onto the individual. their family, and their personal environment.”

ED: As well written as this article is, I have one more thing to say. I have NO tattoos. Not yet at least, and Mic probably believes I never will. Not important. What is important, is that this has little to do with the aid of tattooing, and much to do about choice. Your choice. Don’t be fooled. The price of apathy is much too high. If you don’t open your mouth, who will open it for you?

Read more from the SLUG archives:
The Pinch
Feature Band: Ruth Ruth