By Kelly Young

kyoung@jacksonvilleprogress.com

A Cherokee County Sheriff’s Department investigation led to the arrest last week of a tattoo artist for allegedly accepting customers younger than the state’s minimum age of 18.

Wayne “Wolf” Bertrand, 28, owner and operator of the Wolves Den, was arrested and charged with tattooing a prohibited person. According to Chief Investigator Chris White, this is the first tattoo-related arrest his department has made since he joined the force.

“This is the first charge of this nature that we have had as far as I am aware, so it’s not something we are real familiar with,” White said. “We received information a few weeks ago from some pretty mad parents of students in the Alto Independent School District that several of their kids had obtained tattoos from an individual in the Alto area.”

Further investigation by Deputy Heather Jones revealed not only who the minors were going to for their tattoos, but also the fact that his establishment was not licensed in the state of Texas, White said.

“The investigation is continuing, and at this time it is unknown whether further charges for operating without a license will be filed or whether the county attorney’s office will proceed with additional counts of tattooing a prohibited person,” he said.

Charles “Mac” McDonald, owner of Over the Edge Tattoos and Body Piercing in Jacksonville, said incidents of people operating unlicensed shops and tattooing “anyone with money” have become an increasingly large problem in recent years.

“It’s great that the county is doing something about this. It’s been a growing problem since the advent of the Internet. People can now buy complete tattoo setups online who have no clue what to do with them,” McDonald said. “They don’t know anything about state regulations; they don’t know anything about sterilization; and they don’t know how to even do it properly, so the work is pretty horrendous.”

The Texas Department of State Health Services requires any business which produces “an indelible mark or figure on the human body by scarring or inserting pigments under the skin” be licensed with the state. This includes traditional tattooing and permanent cosmetics.

While other states allow children under the age of 18 to get tattoos with the consent of a parent or guardian, Texas state law dictates that a person must be 18 in order to get a tattoo, the only exception being in cases where a minor already has a tattoo which is deemed by a court to be socially unacceptable. That child could receive a tattoo to cover the offending piece.

McDonald said one misconception tattoo patrons often fall prey to is the notion of a licensed tattoo artist.

“In the state of Texas, artists are not licensed. There is no licensing process for artists to get a license — only a shop can be licensed — and an artist has to work for a licensed shop,” he said. “There is a whole list of things that a shop has to have in order to get a license, and then you have to be inspected by the health department once a year or so. Most of these people operating without a license are working right out of their home.”

He said the licensing process exists for the safety of the customer, and that the minimum age limit exists because teenagers simply aren’t mature enough to make such a permanent decision.

“Hepatitis can be passed through a used needle — AIDS probably can’t — but hepatitis can. If they are reusing needles, even if they soak it in something, it’s not going to kill the virus. They could be passing disease to everybody they are tattooing, not just the under-aged ones,” McDonald said. “Tattoos are permanent markings. How many 15- or 16-year-olds know what they want from day to day? Sometimes people over 18 get tattoos that they don’t want forever. I wouldn’t have a problem with it if the state decided to raise the minimum age even higher.”

McDonald said he regularly received complaints about Bertrand and other local artists who were willing to work on children. He said he knows of at least two more who are currently operating in Rusk and has heard rumors of an unlicensed shop somewhere in Jacksonville.

“It’s a really big deal right now and a lot of people are doing it. I just think it’s sad that a 13-year-old with $20 can go get a tattoo without their parents knowing about it,” he said.

Bertrand’s bond was set at $2,500. CCSD said it welcomes any information citizens can provide.

“Anybody with information regarding the illegal tattooing of minors or the illegal operation of an unlicensed facility, please contact the Cherokee County Sheriff’s Department and make us aware of the individual and the location,” White said. “We would be happy to follow up and pursue any applicable charges we can confirm.”