The Hamilton Spectator

Tattoo shop still open despite charges, provincial lockdown

- FALLON HEWITT Fallon Hewitt is a Hamilton-based reporter at The Spectator. fhewitt@thespec.com

A Hamilton Mountain tattoo shop is facing charges as it continues to operate despite a provincial lockdown that has shuttered personal services across Ontario.

Kryptonian Ink was charged twice under the Reopening Ontario Act (ROA) last week after the city received a complaint through its call centre, said Monica Ciriello, licensing manager with the City of Hamilton.

Under the provincial COVID-19 lockdown, personal care services such as tattoo parlours, hair salons, tanning salons and spas are prohibited from operating.

Bylaw officers attended the Concession Street business on April 14 and the owner was charged for allegedly obstructin­g an investigat­ion and remaining open when not permitted, according to Ciriello.

In an interview Tuesday, owner Stephen Stacey told The Spectator he could “no longer afford” to keep his business closed.

Stacey said he closed his shop for the initial lockdown last spring as well as the lockdown after Christmas, but a third lockdown was “unviable” for the business, which is his sole source of income.

“Of course we complied,” he said about the first two lockdowns, noting that bills kept coming in and he couldn’t afford to buy groceries. “But it damn near bankrupted me.”

The Hamilton tattoo shop isn’t alone when it comes to non-essential businesses operating contrary to provincial rules.

A gym in Caledonia, as well as a boxing club in Mississaug­a, are both operating despite facing charges. Fitness facilities are also closed under the provincial lockdown that is set to last until at least May 20.

As of Tuesday morning, Kryptonian Ink remained open. Ciriello said as the business continues to operate, the city’s bylaw investigat­ion remains ongoing and additional charges could be laid.

Stacey said his studio, located between East 17th and East 16th streets, has an air filtration system as well as an ultraviole­t disinfecti­on system. Appointmen­ts are done on a one-on-one basis and all equipment is sanitized afterwards, he added.

The Spectator reached out to Hamilton public health with questions on the concerns of a tattoo shop operating while not permitted. In a statement, public health said it is working with the city’s licensing and municipal law enforcemen­t division to review enforcemen­t on the matter.

“It’s critical that community settings, and all Hamiltonia­ns, continue to follow public health guidance and advice to protect community members from the transmissi­on of COVID-19,” the statement reads.

Stacey said business has declined to 30 per cent compared to pre-COVID times, but he’s “thankful” for the people that still come into the shop.

As for the charges, Stacey said he plans on fighting them in court. The two charges total fines of nearly $2,000, said Ciriello.

“It’s just nonsense,” Stacey added. “Everyone is essential … everyone deserves to feed their family.”

Gathering charges laid

In the city’s COVID-19 update Monday, Emergency Operations Centre director Paul Johnson said bylaw officers have continued to conduct a “fair” amount of enforcemen­t when it comes to pandemic rules.

That includes laying a number of charges related to illegal gatherings, he added. Under the provincial lockdown, indoor and outdoor gatherings are prohibited unless residents are with members of their own household.

Johnson said last week city bylaw officers charged residents for hosting both indoor and outdoor birthday parties, a baby shower, an indoor wedding as well as a viewing of a boxing match.

“(It) indicates people are still not recognizin­g that it is prohibited to have individual­s from outside your household attend activities inside your house,” said Johnson.

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