AEGiS-WSJ: Legal Beat: Parents Spur Laws Against Tattoos for Kids Wall Street JournalImportant note: Information in this article was accurate in 1996. The state of the art may have changed since the publication date.
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Legal Beat: Parents Spur Laws Against Tattoos for Kids

The Wall Street Journal - September 16, 1996
Andrea Petersen, Staff Reporter of The Wall Street Journal


When 15-year-old Ria Hendrickson came home with a "black swirly design" tattooed on her stomach, her mother didn't just lecture her and ground her for life. She called the police. She also called her state senator.

"It was an invasion of my parental rights," says Sharon Hendrickson, a mother from suburban Phoenix who pushed the Arizona Legislature to make it a crime to tattoo anyone under 18 unless a parent is present. The bill became law in April.

As tattoos have become more popular, with basketball star Dennis Rodman, actors Drew Barrymore and Johnny Depp along with bands on MTV sporting skin art, parents have been fighting back by urging state lawmakers to ban or restrict the practice. They're also urging authorities to enforce old bans. Such laws help kids "avoid the permanent effects of the frivolity of youth," says Washington state Sen. Pam Roach, whose proposal to ban tattooing of anyone under 18 became law last year.

In recent years, 15 states have adopted laws restricting or regulating tattooing, with penalties ranging from fines of $500 to $150,000 to jail time, and proposals are pending in several other states. In Minnesota, an old restriction was tightened this year to require the consent of both parents after a man's ex-wife allowed their 12-year-old son to get a tattoo on his arm. Supporters of legislation point to the risks of infection and possible allergic reactions as reasons to restrict tattooing. Many of the new laws require licensing and inspection of tattoo parlors for safety reasons. "If [tattooing] is not performed in a sterile environment, it's not a safe procedure," says Eric Mast of the Centers for Disease Control. The risks include contracting hepatitis and possibly even HIV, according to the CDC. As part of a $1 million educational campaign, called Get Hip to Hepatitis, the American Liver Foundation highlighted tattooing and body piercing as hepatitis risks.

But the new laws may have little practical effect. Law enforcement officials say they rarely enforce bans or age limits unless a parent complains. In Oklahoma, where it is illegal to tattoo anyone of any age, for example, Oklahoma City Police Sgt. Nate Tarver says "I can think of more important things to enforce."

By the time a parent complains, it is often too late. Judy Hanlon-Swett, who called the police after her 14-year-old was illegally tattooed in Massachusetts, says her daughter is stuck with a tattoo of flowers around her navel.

In her case, police arrested Steven "Buzz" Pulda, who says he worked "underground" in violation of the state ban on tattooing for 24 years. It was his first arrest. He was fined $300 and given two years probation. Three hundred people, nevertheless, attended a benefit concert in the summer of 1995 at a Boston bar to raise money to pay Mr. Pulda's fine. Mr. Pulda says his arrest has actually attracted supporters to his effort to overturn the state ban on tattooing. His group has collected almost 10,000 signatures in favor of overturning the ban and sent letters to state lawmakers.

Many tattoo artists support both the age restrictions and regulations intended to protect people who get tattoos from infection. Vivyna Lazunga, owner of Vivyn's Tattoo in Seattle, believes her state's new restrictions will "keep people from doing silly things that are unsanitary."

The Alliance of Professional Tattooists, a 700-member organization that promotes safety practices, has helped numerous states draft their legislation. Mick Beasley, the organization's founder, says the group's members, and other reputable tattoo artists, won't tattoo people they know are minors anyway.

But tattoo artists say illegal and underage tattooing is difficult to stop because the equipment used to do it is easy to get. Anyone with $200 can buy basic tattoo equipment -- usually a tattoo gun and colored inks -- from companies that advertise in tattoo magazines or over the Internet. A sewing needle and bottle of India ink can do in a pinch. "Kids are doing it in their backyards. We're seeing really awful stuff coming through our shop," says Aaron Amundsen of Emerald City Tattoo and Supply in Seattle. Mr. Amundsen says at least two or three parents a week come into his shop with a teenager in tow asking him to cover up a crude homemade tattoo with a more professional one. (Laser removal works too, but requires a physician and can leave scars.)

Outraged parents and sympathetic legislators, however, are pushing a steady stream of proposals to restrict tattooing. When Sandra Parker's 14-year-old son, Ryan, left a Michigan street fair with a tattoo of a "little guy running with a hatchet," she complained to her state senator, Christopher Dingell. Sen. Dingell ushered a bill through the Michigan legislature, which Gov. John Engler signed in May, making it a crime to tattoo, bodypierce, or "brand" a minor without a parent present to give written consent. Violators face up to 90 days in prison and a $500 fine.

Lawmakers in some states, however, have looked at the issue and backed away. In Utah, legislation to restrict tattooing was defeated in February, despite the support of the Utah Parent-Teacher Association. And in California, legislation to license and regulate tattoo parlors died in committee in January. "The people in my committee said, `It's kind of dumb to tattoo yourself up, but if you want to, go ahead'," says Assemblyman Brett Granlin.

And some people think the new rules may have an unintended effect on young people. "It will probably just make kids want to do it more," says 23-year-old Denise Tardell of New York City, where tattoo parlors are banned. She has a tattoo of a large orchid encircling her ankle.


Keywords: HEPATITIS; HIV

KWDhepatitis;hiv
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