Body-art enthusiasts are used to giving their name when they get tattoos. If they look young, they might be used to providing a driver's license to prove they are 18.
If a proposal to regulate tattoo shops in Port Huron is approved, all adults might have to prove their identity to get a tattoo, and shops would be required to make their records available to the Port Huron Police Department.
The Port Huron City Council will be presented with an amendment to the City Code of Ordinances on Feb. 26 that would require licensing for all businesses offering tattooing or body piercing. Businesses that pierce only ears would be exempt.
Although the ordinance still is being finalized, a draft was distributed at a Jan. 25 meeting intended to garner feedback from tattoo shops. A copy obtained by the Times Herald indicates the law, if approved, could limit tattoo shops' hours; require yearly physicals for employees; create zoning rules governing where shops could operate; and allow police access to records detailing every customer's name, age, address, which employee worked on them and what type of work they did.
That raises concerns for people with tattoos, such as Mike Cameron of Burtchville Township.
"It's basically an invasion of privacy," he said.
The American Civil Liberties Union of Michigan is in agreement.
"This ordinance would constitute an absurd invasion of privacy," said Michael Steinberg, legal director of the group. "In a free society, the police have no business knowing what law-abiding citizens have tattooed on their body."
City officials said that provision of the ordinance, like most of the language, was taken from other tattoo regulations adopted by other cities and states.
"The purpose is not to spy on people," City Attorney John Livesay said. "At least one of the reasons would be, ... if there was an outbreak of infections, to be able to track down who might be at risk."
Constitutional issues
Police Chief William Corbett said another reason he would look at a shop's records would be if the department got a complaint from a parent that a minor child came home with a tattoo from the shop. He said he didn't envision the records being used to identify suspects in crimes, but he didn't rule it out entirely.
"Maybe in a heinous case," he said, such as a serial rapist with "a very distinctive tattoo."
"We'd have to proceed very, very carefully," he said. "There are constitutional issues."
There are six tattoo parlors in Port Huron. While their owners may disagree with certain provisions of the ordinance, most said they were glad the city was taking the initiative.
"I do believe there needs to be some regulation," said Mike Card of Black Beard Tattooing, located on Quay Street. "It amazes me there hasn't been any."
Michigan leaves regulation of the tattoo industry up to individual cities or counties. Currently, nothing governs shops in Port Huron.
"Right now you could open up a shop, buy some needles and not know what you're doing," said Ron Sammons, owner of Pinz-N-Needlz Tattoos, 629 10th St. "We got people tattooing out of their homes."
Tattoo artist Frankie Dickinson, said someone comes into Pinz-N-Needlz Tattoos almost daily to cover up a bad tattoo from a home-based artist.
"That's why we're for this" law, he said.
Rules, regulations
The ordinance was requested by City Council, which made regulating tattooing one of its goals for 2007. The draft was a joint effort of several city departments and officials, including Livesay, Corbett and City Planning Director Kim Harmer.
Livesay said existing shops would not be denied licenses for violating portions of the law that would prohibit tattooing within 300 feet of bars, residences, churches, schools and adult entertainment.
The law includes requirements for lighting, ventilation and bathrooms. Other portions prohibit shops from having an exit that leads to a residence or another business, employing or tattooing anyone with a communicable disease, and operating between 11 p.m. and 8 a.m.
"If I want to stay open here 24/7, that's my business as long as I'm not breaking any laws," Sammons said.
Card said the law doesn't address "the most important issues of tattooing: ... being sterile."
"There's nobody that's going to come in and check and make sure" equipment is being properly sanitized, he said.
Livesay said the city wanted the St. Clair County Health Department to do inspections.
"That was explored, and from a budget perspective ... they didn't have resources," he said.
Dickinson, who is licensed in Tennessee, said that state requires tattoo artists to complete a blood-borne pathogen training course. That's missing from Port Huron's law.
"Half that thing is about zoning laws. It's not health issues," he said "They're just trying to make money" through licensing fees.
