OKLAHOMA CITY -- Two men who run a south Oklahoma City tattooing shop said Tuesday that they're willing to go to court to defend a business they believe to be legal under Oklahoma law -- despite the fact that one of them was recently arrested.

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South OKC Brothers Vow To Keep Tattooing

Phillip and Steven Calfy, who are brothers, operate Southside Tattoos. Phillip Calfy and another tattoo artist were arrested last week in a sting operation and charged with violating the state's ban on tattooing.

Phillip Calfy spent about 10 hours in jail before bonding out. He said the sting operation didn't concern him and won't change his business practices.

"I went and got something to eat, got some sleep and opened up here the next day," Phillip Calfy said.

Steven Calfy said the he and his brother aren't concerned is because of the language in Oklahoma's tattooing law. He said the ban is outdated because it doesn't recognize the fact that tattoos can now be removed.

"They're not permanent any more," Steven Calfy said.

Part of the legal definition of "tattoo" in the Oklahoma Statutes states that it involves producing a "permanent indelible mark on the skin." The Calfys claim there are now numerous products and surgical techniques that will make tattoos disappear.

So far, the brothers' arguments haven't been enough to convince the Legislature to declare tattooing legal.

Earlier this year, the chairman of a House health subcommittee, Rep. Kris Steele, R-Shawnee, refused to hear the bill and said he believed there were more important issues facing the state. Steele told Eyewitness News 5's Kate Godwin that he still feels that way about the tattooing ban -- even though a number of tattoo parlors operate in the open across Oklahoma.

"Just because this act is occurring does not mean it should be legalized," Steele said. "A lot of actions happen in this state that are illegal ... that doesn't mean we should make them legal."

The Calfy brothers refuse to give in and vow to never quit their craft.

"We're going to win," Steven Calfy said. "I'm not breaking the law ... they need to rewrite it if they feel I'm breaking the law."

As for the supposed loophole cited by the Calfy brothers, Steele said that if there is indeed a problem with the law, then lawmakers need to change it.

Steele said no further action on the issue will be taken this session. However, he said he would consider taking it up next year.

Meanwhile, Oklahoma City police said they would look for guidance from the district attorney and keep arresting illegal tattoo artists until the law is changed.

The two men arrested at Southside Tattoos will go before a judge in June.

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May 7, 2005: Police Arrest Two In Tattoo Sting