Tattoo shop owners filed suit in February, saying the rule is expensive and unfair and that other businesses don't have to secure such bonds, which have nothing to do with their health and safety practices.

Shop owners also question a requirement that prohibits them from operating within 1,000 feet of a church, school or playground, even though strip clubs must stay only 500 feet away.

"These people are working very hard to run legal, legitimate businesses, despite the fact that they would make more money doing it on the black market, without having to pay taxes and overhead," said Jaye Mendros, an Oklahoma City attorney who represents 11 tattoo shops statewide.

Mendros said five tattoo shop owners testified Wednesday that they had passed all health and safety inspections but were being denied licenses because they didn't have the bond or because of their location.

District Judge Daniel Owens granted the temporary injunction but did not rule on the distance requirement. He is scheduled to address both rules May 1.

Kevin Pipes, the state Health Department's chief of policy, said the agency will comply with the ruling.

"We have been aware of how difficult the bond is to obtain," he said.

Oklahoma became the last state to legalize tattooing when it did so in November.

Last month, several tattoo shop owners called on state lawmakers to ease restrictions on the newly legalized tattoo industry.

House Bill 1532 by Rep. Al Lindley, D-Oklahoma City, would have eliminated both requirements, but the bill died in committee.

Angel Riggs (405) 528-2465
angel.riggs@tulsaworld.com