City won’t appeal massage studio ruling

Thursday, July 14, 2005 | 9:44 a.m.

Henderson officials said they won't appeal a District Court ruling allowing a massage studio to reopen, but the city is considering new regulations intended to discourage prostitution.

Assistant City Attorney Liza Conroy said the city won't appeal to the state Supreme Court a June 14 ruling by District Judge Kenneth Cory. He granted a request by Sunset Spa & Foot Massage, 4451 E. Sunset Road, which argued the City Council violated its constitutional rights when it decided May 3 to revoke the studio's operating permit without detailing the charges in advance of a hearing.

Conroy said an appeal would be time consuming. He said the city's hasn't received any complaints about Sunset Spa since it reopened.

In revoking the permits, Henderson accused Sunset and two other massage studios of offering its clients prostitution.

"We have achieved the intended result," Conroy said "Appealing would take additional time and effort, and I think the owner and operator understands we will not tolerate illegal activity."

Henderson has considered an outright ban on new stand-alone studios, but city officials have backed down on the proposed ordinance as too restrictive and preventing legitimate massage studios from opening in the community.

Now, the city's focus is on implementing additional regulations that will discourage prostitution and illegal activities, Conroy said.

Some of the proposals are already facing criticism from massage studios, both those deemed as legitimate and those investigated by the city for prostitution.

Among the regulations under consideration by city staff is requiring the massage therapists wear uniforms instead of "something that resembles a cocktail waitress," Conroy said.

The city is also considering limiting the hours that the massage studios operate, possibly requiring they close in the early evening hours, Conroy said. Having massage studios open late at night encourages illegal activity, she said.

In Henderson, Sunset Spa, for example, opens at 10 a.m. daily and closes at 3 a.m.

Henderson would be following the path of Las Vegas which limits massage studios operating between 8 a.m. and 9 p.m.

Linda Norvell, the attorney for Sunset Spa, applauded the city for not appealing the case to the state Supreme Court, but she criticized any movement to further regulate massage studios. She said her client is opposed.

"I think they are going a bit too far. It would have a chilling effect on business in Henderson," Norvell said. "I think other businesses wouldn't want to go to Henderson because the City Council might decide whatever regulations they want."

The city will likely be working with a committee representing massage businesses in the community to get their suggestions on new regulations before a recommendation is made to the City Council, Conroy said.

Stephen Cook, who in April opened a national franchise studio named Massage Envy, said he has no problem with a uniform code for therapists but doesn't want to see his studio's hours cut. Massage Envy in Henderson is open until 10 p.m. Monday through Friday and until 6 p.m. on Saturday and Sunday.

Cook said his studio has clients who want massages after they get off work at night, and he shouldn't be penalized for the actions of businesses accused of prostitution. Any illegitimate activity would happen after 10 p.m. and the early morning hours when customer demand would likely increase, he said.

"I don't think shutting businesses down earlier in the day is going to help prevent prostitution," Cook said. "And nobody's more committed to trying to clean up the image than we are."

Cook said the city's focus on preventing prostitution is thorough background investigations of those who apply for massage studio licenses.

Even though Henderson won't appeal the ruling involving Sunset Spa, the city will continue to pursue a June 20 decision by District Judge Elizabeth Gonzalez, who granted a stay, allowing the reopening of Henderson Oriental Massage, 1006 W. Sunset Road. A hearing is pending before Gonzalez on Oct. 17. In her June 20 ruling, she said the massage studio would likely prevail in its argument that its due process was violated when the city revoked the permit.

Richard Schonfeld, the attorney for Henderson Oriental Massage, said the proposed regulations dealing with hours of operation and clothing of therapists aren't needed.

"If they are attempting to funnel out improper uses of massage studios, then I don't think time of day and clothing will help the city meets its goal," he said.