HOUSTON – From the avant-garde to the hardcore, tattoos are becoming more mainstream. That is why one Houston area mother is warning other parents that they need to talk to their kids about the potential risks of getting a tattoo from a business that does not follow the law.
"I've tapped my daughter's computer, I've gotten every key stroke. I've followed her," Delaine Martindale said. "I didn't expect that at 14. I wasn't watching for that ahead of time."
Martindale said she knew instantly her daughter was trying to hide something.
"She was wearing a tight T-shirt, so I could see there was something there," Martindale said. "I asked if I could see what was under her shirt and she kind of avoided it."
Martindale said when she pressed the issue she discovered her daughter had gotten a small tattoo.
"(It was) an ugly little tree with hearts instead of cherries," said Martindale. "It looks like a jailhouse job, and who would tattoo a 14-year-old girl?"
Martindale's daughter wouldn't tell her mom where she got the tattoo.
"I immediately thought we need to check for diseases. I don't know if the needles were clean," said Martindale.
However, Martindale's daughter tested negative for any diseases. In Texas it is against the law to give a minor a tattoo without parental consent, but Channel 2 Investigates has learned catching businesses that tattoo minors is difficult.
There are only 10 inspectors statewide responsible for checking 2,433 tattoo and body piercing licensees. Plus, the inspectors also cover other environmental health programs like volatile chemicals, hazardous substances and bedding. While inspectors routinely check whether businesses are clean and whether materials are properly sanitized, when it comes to giving kids tattoos, the system is largely based on complaints, which means parents have to trust businesses to follow the law.
"Even if a person looks like they're in their 50s, we make sure, especially if it's their first tattoo, we card them," said Amber Foss, manager of Scorpion Studios.
Scorpion Studios has been in business since 1991 and has a spotless reputation -- not just for checking the age of customers, but also in cleanliness. Foss said tattoo studios are required to keep records on every person who gets a tattoo.
"It's my responsibility and the help's responsibility to know the rules and regulations," Foss said.
That's where the difficulty comes in for state inspectors. Channel 2 reviewed state records regarding several complaint-driven inspections in the Houston area during the last two years. In many of the complaints regarding children getting tattoos, the cases were closed as unconfirmed. Inspectors noted in these cases there were no records to prove a minor received a tattoo from a specific studio.
State records show one business, City Boyz, off the Gulf Freeway, had been cited for giving a 17-year-old a tattoo. Inspectors noted in that case the studio had a record documenting the teen's visit. Inspection reports showed the business was also notified of several violations of health code requirements.
After reading the reports, Channel 2 sent three teens into the business to see if employees were now following the rules. A woman working behind the counter told the teens they could get a tattoo, but never asked to see identification. Channel 2 tried to speak with the manager, but our calls were not returned.
Officials with the Department of State Health Services told us, "We are investigating the case you brought to our attention."
"We investigate all tattoo studio complaints for rule violations and can refer cases to law enforcement if a criminal law may have been broken," Chris Van Deusen, with the Department of State Health Services, wrote in a statement to Channel 2. "We routinely inspect studios but also encourage people to let us know if they see unsafe or unsanitary conditions or unlicensed studios so we can investigate."
Martindale said that is why parents need to teach their children that if a studio does not follow the law when it comes to giving kids tattoos, then that business cannot be trusted to follow proper health code procedures.
"It's very scary to me," Martindale said.