State Supreme Court Dismisses Massage Parlor Lawsuit Against Greenburgh
A NYS Supreme Court has dismissed a lawsuit brought against the Town of Greenburgh by licensed massage therapists after the Town passed a law requiring massage therapists to apply for a town license on top of the professional state license they already have.
The licensed massage therapists filing the lawsuit said that the pre-emptive law was unfair to professionals being singled out who were already monitored by state licensing laws. They also did not want a law that lumped them into the same category as people using the term “massage therapy” illegally. They said they were offended by the use of the term “massage parlor” to define professional therapeutic massage.
In an effort to permanently close down massage parlors along Central Avenue that have provided prostitution under the guise of spa treatments, the Greenburgh Town Board unanimously passed the new law with a two-pronged approach to provide the double punch they felt would put illegal businesses off the streets for good.
The Greenburgh law requires massage therapists to apply for a town license, allowing checks for valid state licenses. With a town license, the business then can apply for a Special Permit to comply with the Zoning Code.
The Zoning Code was rewritten to accommodate the change.
If a business is found running a prostitution operation, once the massage license violation has been acted upon, the business is not able to reopen because it has violated the Zoning Code and a court order to close operations of the entire business can be obtained.
Under current NYS law, massage therapists are licensed to practice their profession – most involved in therapeutic services. Anyone providing massage services without a license is committing a felony.
The problem along Central Avenue, however, has been the spas that put one person’s license on display and then allow other workers to provide services beyond massage. Once tracked down and closed by police, these establishments were able to reopen under another license.
During investigations to determine what type of law would best serve the purpose of closing down the illegal operations, it was clear that the massage operations were being used as fronts for prostitution. In most instances there was one licensed massage therapist on the premises and others who were working illegally according to the New York State Education Law that issues professional licenses.
On September 2, 2016, detectives arrested four individuals at locations along Central Avenue for violating New York State Education Law 6512 (sub1) – Unauthorized Practice of a Profession (Class E-Felony). They also permanently closed down the operations.
The deadline for existing businesses to comply with the requirements of the local law is October.
