OKLAHOMA CITY -- Some tattoo artists in Oklahoma are challenging state regulations on the recently legalized practices that they said were designed to limit their numbers in the state.

 

Veteran tattoo artist Tony Garcia, who was arrested three times before Oklahoma became the last state in the country to legalize tattooing, joined the lawsuit because he said the regulations are unfair.

 

"I never give up for what I believe in," Garcia said.

 

Garcia and nearly a dozen other shop owners are fighting in Oklahoma County District Court over two provisions that are required for a license to operate a tattoo shop.

 

A judge granted an injunction in March to the provision that requires shop owners to obtain a $100,000 surety bond, but did not rule on the regulation that prevents them from being within 1,000 feet of a school, church or park.

 

A final hearing on the issues is set for 9 a.m. Tuesday before Oklahoma County Judge Dan Owens.

 

Health Department officials said the provisions are necessary to regulate the state's fledgling tattoo industry. They contended the challenged provisions, which originated in the Legislature, were enacted for a reason.

 

The surety bond was meant to protect customers in case a tattoo shop goes out of business before their tattoos are completed or ensure owners can pay fines levied by the Health Department, according to court papers filed last month by Health Department attorneys.

 

Agency officials said the bond amount is not unreasonable and the only reason some shop owners have had trouble obtaining one is poor credit ratings.

 

The proximity requirement apparently was intended to "avoid disruption of religious or educational activities," attorneys wrote.

 

The restrictions have not stopped 39 tattoo shops from obtaining state licenses, agency officials said. There are 121 licensed tattoo artists in Oklahoma.

 

Garcia and other tattoo artists argue the provisions are meant to limit the number of shops that open now that the practice is legal.

 

Their attorneys have challenged the regulations on constitutional grounds, alleging the state is trying to stifle their right to artistic expression.

 

Garcia has been denied a license for the shop he opened in April 2006 because it is too close to an elementary school, even though students don't come by the shop.

 

"It's not like we're taking their lunch money and giving them tattoos," he said.