OSDH Attempts to Enforce Unconstitutional Rules on Tattoo Shops

[shavethewhales]

https://okcfox.com/news/local/tattoo...tattoo-artists

Apparently OSDH sent out a letter to tattoo shops trying to enforce the 1000' from a church rule as well as a massive insurance requirement. These rules were found unconstitutional back in 2007. 1000' from a church wouldn't leave much room in this state. It was a bizarre rule to begin with, but even more bizarre to suddenly try to enforce it now. Tattoos have become very much mainstay. Just about every other person under 35 has at least one.

What is OSDH thinking?

[TheTravellers]

https://okcfox.com/news/local/tattoo...tattoo-artists

Apparently OSDH sent out a letter to tattoo shops trying to enforce the 1000' from a church rule as well as a massive insurance requirement. These rules were found unconstitutional back in 2007. 1000' from a church wouldn't leave much room in this state. It was a bizarre rule to begin with, but even more bizarre to suddenly try to enforce it now. Tattoos have become very much mainstay. Just about every other person under 35 has at least one.

What is OSDH thinking?

They don't have anything better to do than this crap? How about actual HEALTH-related activities? This state and its priorities....... Wonder how much us taxpayers will have to pay for court costs on this one (again)?

[fortpatches]

https://okcfox.com/news/local/tattoo...tattoo-artists

Apparently OSDH sent out a letter to tattoo shops trying to enforce the 1000' from a church rule as well as a massive insurance requirement. These rules were found unconstitutional back in 2007. 1000' from a church wouldn't leave much room in this state. It was a bizarre rule to begin with, but even more bizarre to suddenly try to enforce it now. Tattoos have become very much mainstay. Just about every other person under 35 has at least one.

What is OSDH thinking?

I couldn't find where these rules were found to be unconstitutional. Do you happen to know the case?

[jerrywall]

I couldn't find where these rules were found to be unconstitutional. Do you happen to know the case?

https://www.oklahoman.com/story/news...n/61784589007/

[Swake]

This smells like Stitt

[fortpatches]

https://www.oklahoman.com/story/news...n/61784589007/

Thanks! I was able to use that article to find the case:
OSCN Case Details

And here is the Order with the Permanent Injunction https://oscn.net/dockets/GetDocument...07-988&fmt=pdf

[Bunty]

This smells like Stitt

Yeah, people on the religious right think tattoos stink.

[Mountaingoat]

Nm

[Mountaingoat]

Deleted. Misread post.

[Midtowner]

They don't have anything better to do than this crap? How about actual HEALTH-related activities? This state and its priorities....... Wonder how much us taxpayers will have to pay for court costs on this one (again)?

While the statute says clearly that the OSDH can't issue a license to anyone within 1000' feet of a church, school, or playground, one of the reasons the State lost was because no one could explain how any of that was rationally related to a legitimate governmental goal, although arguably, as the briefing suggested, strict scrutiny should have applied, but I don't see how it even gets past rational basis review.

All I can think of here is that this is some Dominionist activity where someone is trying to let the rest of the State know who is in charge.

Violating a permanent injunction which was never appealed seems to be not the brightest way to do that. I'd love to see the 'ol Director do some jail time for indirect contempt. A guy can dream.