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  • MONDAY NOVEMBER 6 2006 12:00 PM

Needled News by Marisa DiMattia

With the headlines this week heavy with some major tattoo news, I’m left with little room for mocking others, as is required for online newsiness. But before we start, please allow this one digression: Nelly Furtado is an idiot.

Thank you, now here we go:

Oklahoma Lifts Tattoo Ban

The big news this week is that Oklahoma’s tattoo ban – the last state-wide ban in the US – has been lifted and now Okies can make body art blunders that they’ll regret legally like the rest of us. I kid. Removing the ban is a good thing. Some people complain that, in legalizing tattoos, the mystique behind the art is lost, yet I just don’t see how some scratcher at your kitchen table scarring your arm holds any charm. Call me fascist but I like health and safety laws.

That said, the new Oklahoma law does have some major cons to accompany its pros, as I wrote in Needled. One major obstacle to artists wanting to open up shop is the hefty $100,000 surety bond that must be paid along with the thousand dollar licensing fee. This may not stand, though. One artist is challenging this bond on constitutional grounds claiming “as a small businessman the state is his employer and right-to-work laws prevent a worker from having to pay a fee to keep a job.” That argument just might pass and lawmakers could change the bond to a reasonable liability insurance requirement, as in many other states. In any case, the legal battles ain't over.

Tattoos Could Protect Immigrants From Deportation

In other legal news, a Pakistani man, living in Staten Island, NY, is claiming that his tattoos will get him killed if deported back to Pakistan (because of a drug-related conviction), and the federal appeals courts are buying it.

The New York Sun reported:

Rafiq, a Catholic, makes the unusual claim that the tattoos he has on his forearms violate Islamic law and could make him identifiable to extremists as someone who has converted from Islam. Rafiq feared being beheaded upon his return, according to the brief Rafiq submitted on appeal.

In ordering Rafiq's case to be reheard [by the Bureau of Immigration Appeals], the panel of judges ruled that asylum claims can be granted when the immigrant risks torture by extremists. Applying a standard, the 2nd Circuit set two years ago, the panel emphasizes that the torture does not have to come from the government, for an asylum application to succeed.



Iraqis Get Tattooed for ID if Tortured and Killed

Rafiq probably wouldn’t have any problems with his tattoos if sent to Iraq. Naturally, he’d have other problems like torture and beheading, a regular part of Iraqi sectarian violence.

Because of this, Iraqis are choosing to break Muslim law in favor of getting ID tattoos to help their families identify them if their body is found mutilated as has been the case with so many in the country.


Photo by Nancy Youseff/MCT

In a powerful and quite graphic article in the Miami Herald, the reporter speaks of the morbid tattoo trend:

Ali Abbas decided that his upper right thigh was the best place for a tattoo because no one gets tortured there.

He had seen hundreds of bodies in the city morgue and dozens of hospitals during his 18-day search for his missing uncle. He had seen drill marks in swollen, often unrecognizable heads, slash marks across necks, and bullet holes in backs, abdomens and swollen hands. He had seen bodies that were thrown into the river, so swollen that they barely looked human. But, by and large, the thighs had been intact.

So that's where he decided to have his name, address and phone number tattooed, in case the day came when someone was searching for his body.



It’s all a part of what’s called exporting democracy.

Prison Tattoo Parlors Reconsidered in Ottawa

Maybe G.W. should leave that kind of exporting to people that know something about it like Canadians. Everyone loves Canadians and it’s because they’re so darn democratic. Even with its own conservative government, Canadian politicians are still willing to debate issues like reopening six safe tattoo parlors in federal prisons that were part of a pilot project to reduce the spread of disease among inmates.

Tattoos have been a long standing part of Western prison culture no matter how tattoo couture you’d like body art to be. But the spit, urine and cigarette ash that goes into cell block ink has caused staggering infection rates, and shared needles have spread HIV and Hepatitis, which could be spread even further once the inmate is released. So it’s simple: protect the inmate, protect the general population. Keep tattooing safe from Ottawa to Oklahoma. Oh, and let freedom ring.

Marisa_DiMattia is a lawyer and editor of Needled.com, a blog on tattoo art and culture.

 
Comments
dholokov

dholokov

Toronto, ON
April 2003

NOV 06, 2006 12:56 PM

The state is the employer of a small businessman? A small businessman in a right to work state, no less? I fear Mr. Brady has an uphill battle or there is something the AP reporter didn't catch.

Secondly, is there any information on how much of the 100K a potential shop owner must actually post up front?

Marisa_DiMattia

Marisa_DiMattia

NEWSWIRE

I'm lost

NOV 06, 2006 01:29 PM

It seems that there is a "right to work" statute in Oklahoma but I haven't found any language about the state as an employer for small business owners. Perhaps he means to apply it by analogy and not directly.

From the wording of the new tattoo law, it appears that the 100K must be posted upfront but I am not certain. That's a pretty high bond.

I'm not licensed in Oklahoma so I don't know have any experience with the state's laws.

mydogfarted

mydogfarted

Oakland, NJ
June 2003

NOV 06, 2006 02:10 PM



That, Nelly, is what being needled is all about. Now go wash your arms.



For that, I forgive the digression.

shanemc71

shanemc71

Atlanta, GA
February 2004

NOV 06, 2006 02:48 PM

Generally you need to post 10% of the bond then the rest is guaranteed by an insurance policy to ride along side your general liability policy. It seems that it is like a liquor bond. You must pay monthly premiums to keep the policy and if you ever need it, it will be dropped like a rock.
It is just another fixed expense to make it harder for the true "small business" shop.

Marisa_DiMattia

Marisa_DiMattia

NEWSWIRE

I'm lost

NOV 06, 2006 03:25 PM

That makes more sense.

muy5

muy5

I'm lost
September 2006

NOV 06, 2006 04:23 PM

They should have added certain restrictions though:
1) You may not obtain a tribal tattoo without proof that you are a member of that tribe.
2) You may not use symbols or writing in a language you are not fluent in.
3) No stock designs can be posted on the wall. If you want a tattoo, either draw one yourself or work with the artist to produce something unique. I'm entirely bored with seeing the exact same tattoo in the exact same place on a girl that looks exactly the same as all the others.
4) Any tattoo on a visible part of the body over a certain size must have the approval of a structural engineer who has run simulations to determine that it won't look like crap in 30 years based on aging skin.

dholokov

dholokov

Toronto, ON
April 2003

NOV 06, 2006 04:30 PM

shanemc71 said:
Generally you need to post 10% of the bond then the rest is guaranteed by an insurance policy to ride along side your general liability policy. It seems that it is like a liquor bond. You must pay monthly premiums to keep the policy and if you ever need it, it will be dropped like a rock.
It is just another fixed expense to make it harder for the true "small business" shop.



That does indeed seem slightly more reasonable. But if the operation does work exactlylike that, it also makes the shopowners argument that he would be willing to get insurance much more sensible. Requiring $100,000 of insurance is completely reasonable, requiring a chunk of it up front amount up front to get that amount of coverage is stupid.

Not that I think he will succeed if he needs to prove the state is his employer. Sometimes a dumb law is still a law.

Cherry

Cherry

SUICIDEGIRL

British Columbia, Canada

NOV 06, 2006 05:18 PM

Call me fascist but I like health and safety laws.



Hell Yes. Not that you're a fascist, but you're totally spot on. My artist and friend up here in Scotland is at the forefront of initialising and investigating new health and safety regulations for tattoo parlours and studios here in Scotland. This will likely pave way for the rest of the UK too (as often does with these kinds of laws in the UK) and it is just so awesome that she is getting to be a part of working out exactly what should be required and what should be regulated after she has put so much hard work and time over the past 20 years into making tattooing reputable in Scotland. There are a lot of "artists" and studios complaining here in Scotland about this "threat" and they are wanting nothing to do with it, but, really, I think they should be grasping the opportunity with both hands to make the industry safe, reputable and trustworthy.

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The news about the ID tattoos is probably one of the most depressing things I've read about the war in the past 6 months. I know some people may criticise me for saying that, but really, that speaks more to me than most reports on death counts and torture in the war. Permanent "dog tags" are maybe a necessary part of life for someone?

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Hooray for Canada

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Also, I'd like to say how extremely happy I am to see Needled pop over onto SG and be contributing to the news wire. I've loved Needled for a long time (even before you guys used my back on an ad wink ) and this pairing is perfect!

Marisa_DiMattia

Marisa_DiMattia

NEWSWIRE

I'm lost

NOV 07, 2006 04:10 AM

Very true but I still wouldn't rule out 100% the up front payment even if it is totally stupid. Remember, this is a state that has banned tattooing for decades based on moral grounds and the reason they decided to legalize was a court case that would've overturned the ban anyway.

I've spent years researching US state and local laws on tattooing for my Tattoo Law book and I'm astounded at what kind of laws get passed. The sheer idiocy is overwhelming. What's more astounding is how they get away with it.

That's why it's important for American to vote today for local reps who make these decisions.

dholokov said:

That does indeed seem slightly more reasonable. But if the operation does work exactlylike that, it also makes the shopowners argument that he would be willing to get insurance much more sensible. Requiring $100,000 of insurance is completely reasonable, requiring a chunk of it up front amount up front to get that amount of coverage is stupid.

Not that I think he will succeed if he needs to prove the state is his employer. Sometimes a dumb law is still a law.



Marisa_DiMattia

Marisa_DiMattia

NEWSWIRE

I'm lost

NOV 07, 2006 04:12 AM

Cherry, without your beautiful back, Needled would have no sex appeal! xoxoxox

Cherry said:

Also, I'd like to say how extremely happy I am to see Needled pop over onto SG and be contributing to the news wire. I've loved Needled for a long time (even before you guys used my back on an ad wink ) and this pairing is perfect!