Las Vegas tourist plans to file lawsuit after botched tattoo claiming artist may have been under the influence

LAS VEGAS (KLAS) — A Las Vegas tourist said she is planning to file a lawsuit against a tattoo shop after she received a tattoo from an artist who did not have a valid body art card.

The tourist, from British Columbia, Canada, asked to be identified only by her first name, Melissa.

“I think I’m ashamed of myself and embarrassed,” Melissa said in an interview via Zoom with the 8 News Now Investigators.

Melissa said in April, she went to Illuminati Tattoo, just off the Las Vegas Strip with her son for his 17th birthday after checking reviews which were positive. While her son’s tattoo was a success, Melissa said the experience took a turn as the same artist tattooed her.

“It was about halfway through when I looked at my son and his face, he just had a bit of a confused look on his face. He just had a bit of a worried look on his face,” Melissa said. “At that point, I saw him take his phone out and start videoing.”

Melissa said she froze as the tattoo artist appeared to be struggling.

“He was sweating profusely. His eyes were dilated. He was slurring his words,” she said. “I can only imagine that he was on drugs, but I don’t know for sure.”

At times, the artist used no ink, a dry needle and removed his gloves, according to Melissa. When she saw the result, a large tattoo on her upper thigh different from the original photo of the tattoo she chose, she said she was shocked.

“I was very, very upset,” Melissa said. “He didn’t clean the tattoo area. He didn’t wrap it. He didn’t tell me what to do for aftercare.”

Melissa said shortly after she left the shop, she reached out and then received text messages from the tattoo artist.

“I’m sorry it went this far,” according to a text message Melissa provided to the 8 News Now Investigators. In another message, the owner is referenced.

“Please call him and tell him you won’t ruin him,” the text reads.

The owner later agreed to pay for tattoo laser removal and made a revelation, according to Melissa.

“He responded that this was his longtime friend, that he had been a drug addict in the past, but had been clean for eight months, so he decided to give him a chance,” Melissa said.

Melissa filed a complaint with the Southern Nevada Health District. An inspector noted the artist had an expired body art card and Melissa did not sign a consent or release form. The business was advised to make sure customers fill out consent forms.

Owner David LePenske told the Southern Nevada Health District the artist is no longer employed by the shop and there is a zero tolerance for substance use while on duty, according to a SNHD document.

An inspection also found several violations including missing expiration dates on sterilized equipment.

The Secretary of State’s office listed Illuminati Tattoo’s business license in default in April for failing to renew its state business license for 2023 and 2024. By May, the business license was listed as revoked.

The 8 News Now Investigators reached out to LePenske several times to get his side of the story and he did not return calls. During a visit to the shop, LePenske said his lawyer advised him not to comment.

The 8 News Now Investigators also reached out to the tattoo artist who appeared to hang up during a phone call.

Melissa said she will never return to Las Vegas.

“I just I regret the whole ordeal,” she said. “You think coming to Vegas, there’s supposed to be some of the best tattoo artists in the world in your city, and it’s supposed to be one of the best places in the world to get a tattoo.”

The 8 News Now Investigators asked the Southern Nevada Health District whether there are consequences for an artist who provides a tattoo without a valid body art card.

“If, during an inspection, SNHD staff observe an artist who does not have a body art card in their possession and cannot be confirmed as having one, the consequence for the artist is that they must stop any work and obtain a card before they can resume working,” a SNHD spokesperson said. “Additionally, a violation would be noted against the facility.”

To research information about whether an artist has a valid body art card, the 8 News Now Investigators learned a public records request must be filed. The Southern Nevada Health District website has no feature to do an immediate search.

For the latest news, weather, sports, and streaming video, head to KLAS.