PDA

View Full Version : New state law cracks down on unlicensed massage workers



Wolfman Jack
01-16-08, 17:55
For those that may have missed it, there was an interesting article regarding unlicensed massage workers in the Hartford Advocate last week.


Working The Kinks Out

A new state law cracks down on unlicensed massage workers

By Adam Bulger

On March 22, the Ocean Massage Parlor in Stratford was raided by police. The massage parlor had been shut down the previous January on prostitution charges, but had since reopened. According to the Connecticut Post, during the raid, police found a client lying on a massage table while 35-year-old massage parlor employee Me-Sun Noh hid behind a door, topless. The man reportedly defended his awkward position to the police by saying "I'm just getting a massage."

While the statement seems ridiculous, as most masseuses are adept enough to wear a shirt while working, it's possible the man believed he was receiving a legitimate massage. A newly enacted state law would have cleared up his confusion.

Public Act 07-35, which went into effect on Jan. 1, stipulates that "any business that advertises its services as a massage therapist, or uses the terms 'massage'... or any other similar term implying a massage service, to have a valid Connecticut license and to require that license number to be included on all advertising materials."

The law, which coincidentally was signed by Governor Jodi Rell exactly two months after the Stratford raid, was written over the last two years by State Sen. Bob Duff (D-Norwalk).

After a series of raids in 2005, Norwalk massage parlors — including one location on Route 7 that was raided twice in one year — Duff concluded that the state laws governing massage needed tightening.

"It became one of those times when a lot of people say — and maybe even lawmakers, too — say there ought to be a law," Duff said. "I was kind of frustrated, because it seemed like the police had a raid on one massage parlor, and then they had a second raid on the same place."

Initially, people in the legitimate therapeutic massage industry were concerned the law would unfairly punish them under the bill's original language.

"There wasn't a clear distinction between the legitimate massage industry and those in the parlors, basically," Duff said. "My intention was to try to raise up the legitimate massage industry and to turn away these dens of iniquities that are in our communities that really do no good."

Working with the state branch of the American Massage Therapists Association, Duff created a law that would prevent confusion between legitimate therapeutic massage and prostitution masquerading as massage.

"Over the last 20 or 30 years, there's been a constant struggle between the legitimate industry and places like that," Duff said.

People in the legitimate massage industry are happy with the final version of the bill.

"Licensed massage therapists are in favor of having this kind of protection. The effect it will have on them is going to be minimal," Steve Kitts, executive director of the Connecticut School for Massage, said, "The American Massage Therapy Association's state chapter, which has over 2,000 members in it, was a major supporter of this language."

Kitts, who worked on the bill's language with Duff, said the new law makes a clearer distinction between massage therapy and the adult entertainment industry.

"It's a protection for the public as well as for the massage therapy practitioner," Kitts said. "When the average person opens up the phone book and sees an ad for a massage, they don't know whether it's a legitimate massage establishment that employs licensed massage therapists or not."

Under the new law, any businesses advertising massage services would have to display its license number, with the department of public health charged with ensuring that the numbers are displayed.

"It's kind of a wink and approach. We know they're not really massage. We know what they really are," Duff said. "We shouldn't let them use those names, and we should force them to say what they are, and once they do, to close them up."



In the adult entertainment industry, massage is often used as an advertising code word for sexual services. The law only prevents alleged brothels from operating under the guise of massage; other code words could be used or created.

"This by itself isn't going to end these kinds of places. There is a nuisance abatement law; there are tools in the tool box to use. This is one other way, from the outside at least, to make sure we're tackling this issue," Duff said, adding that municipal law enforcement will have to be vigilant. "It's something local police have to be on top of. They have to be enforcing laws constantly. This is a tool that will help, but it's by no means a cure-all."

Neither Duff or a spokesman from the state's department of health knew exactly how the law would be enforced. The task seems daunting. On the Connecticut versions of the bulletin board Web site Craigslist alone, dozens of questionable massage offers are made every day. The first week the law was in effect the classified sections of several newspapers, including this one, included advertisements for massage that made no mention of certification.

Enforcement of the new law, Duff said, would roll out gradually.

"The reason it was effective January 1 was to give time to change ads in newspapers and phone books," Duff said.



To become a licensed massage therapist, you must undergo hundreds of hours of classroom training.

"The basic education requirement in the majority of states is 500 [hours worth] of class. There are a few states that require more, but the base line is 500 hours," Bill Brown, director of government relations for the American Massage Therapy Association said.

After completing the coursework, prospective masseuses have to pass a nationally standardized test administered by the National Certification Board for Therapeutic Massage & Bodywork. The SAT-like multiple choice test gauges the applicant's knowledge of topics ranging from anatomy to ethics.

"Massage therapy benefits a lot of people in a lot of different ways, but you still need a base line training to practice without injuring someone. You have to know what you're doing," said Bill Brown, director of government relations for the American Massage Therapy Association.



There have been several raids on massage parlors throughout the state in the last two years. Most notably, in April of 2006, Waterbury police simultaneously raided 10 city massage parlors and arrested dozens of women on prostitution charges. Since then, several other Connecticut towns and cities have cracked down on massage parlors that are really alleged fronts for prostitution.

The owners of the American Spa in Bridgeport were arrested for running a house of ill repute in December as the result of an October raid. In Ansonia, Bally's spa, which was within walking distance of the small city's town hall, was raided by police in September. No arrests were made after the Ansonia raid, however. The spa was closed down, and police lieutenant Andrew Cota told the New Haven Register that police "know what activity was going on in there, but we need to catch them [in the act] to make the arrest."



Connecticut is not the first state to enact a law governing massage practitioners. Thirty-eight states have laws regulating massage therapy, and 15 states require massage practitioners to display their license numbers in signs and advertisements.

Nearby Rhode Island has had ongoing statewide legal conflicts around massage issues. Because of a loophole in their state law, prostitution is not exactly legal, but the state law is ambiguous enough to cause difficulty for law enforcement. Because of a 28-year-old loophole in state law, the state legislature has unsuccessfully attempted to close for the last few years. Prostitution isn't illegal in Rhode Island as long as it occurs indoors.

In 2006, Rhode Island lawmakers passed legislation requiring massage business employees to undergo criminal background checks and prevented licensed massage businesses from employing unlicensed workers. That didn't stick, though.

In April 2006, a Rhode Island judge dismissed a case against a woman accused of managing a Providence massage facility without a license. Because the woman was not a licensed massage therapist, she could not have been giving a massage, Superior Court Judge Daniel A. Procaccini concluded, and therefore was giving a body rub.

http://www.hartfordadvocate.com/article.cfm?aid=5112

Nfamous
02-07-08, 08:28
CHESHIRE, Conn. -- Two people were arrested after police said they raided an illegal massage parlor.

Officers raided Posh Spa and Nails on Route 10 in Cheshire Tuesday.

They said two women were operating a nail salon in the front of the store and an illegal massage parlor in the back.

Police have charged Shunzi Li, 49, and Chu Jin, 49. Police said they both lived in an apartment at the salon

http://www.nbc30.com/news/15236038/detail.html?rss=har&psp=news

Tom1326
02-08-08, 14:09
CHESHIRE, Conn. -- Two people were arrested after police said they raided an illegal massage parlor.

Officers raided Posh Spa and Nails on Route 10 in Cheshire Tuesday.

They said two women were operating a nail salon in the front of the store and an illegal massage parlor in the back.

Police have charged Shunzi Li, 49, and Chu Jin, 49. Police said they both lived in an apartment at the salon

According to state department of corrections and court websites, both of these ladies are still in jail because they have not posted the $10,000 bond assigned to each of them.

Now that is a real waste of state resources: housing these ladies in a correctional facility. Do you feel safer?

Wolfman Jack
02-08-08, 21:32
According to state department of corrections and court websites, both of these ladies are still in jail because they have not posted the $10,000 bond assigned to each of them.

Now that is a real waste of state resources: housing these ladies in a correctional facility. Do you feel safer?


Why hasn't anyone bailed them out? It's only a $10,000.00 bond, only having to come up with 10% of that. I guess our Sarang, or the people that shipped these women in, don't care as much for their ladies as they claim.

GordonFreeman
02-08-08, 22:27
Why hasn't anyone bailed them out? It's only a $10,000.00 bond, only having to come up with 10% of that. I guess our Sarang, or the people that shipped these women in, don't care as much for their ladies as they claim.

I looked them up and the Dept of Corrections web site says something about a "Immigration Detention". Maybe they have a hold on top of the $10K bond.

Schwing
02-09-08, 01:14
I looked them up and the Dept of Corrections web site says something about a "Immigration Detention". Maybe they have a hold on top of the $10K bond.

10% is the fee for the bail bond agent if the bond agent will take them as a client. Most bond agents in the state aren't certified to stake more than $5,000. That means that two bond agents would be needed and each must be satisfied with the co-signer. Co-signers usually must have a stable job, good credit or real property.

In most cases, these persons would then need to provide the full $10K until the absolute end of the proceedings (or when the judge reduces the bond).

But yeah, immigration hold means they can't bond out anyway.

Bubba261
02-09-08, 01:22
10% is the fee for the bail bond agent if the bond agent will take them as a client. Most bond agents in the state aren't certified to stake more than $5,000. That means that two bond agents would be needed and each must be satisfied with the co-signer. Co-signers usually must have a stable job, good credit or real property.

In most cases, these persons would then need to provide the full $10K until the absolute end of the proceedings (or when the judge reduces the bond).

But yeah, immigration hold means they can bond out anyway.

Well, someone here has offered to have someone ELSE post the bond, he's still keeping his money (AND his hands) in his threadbare pockets.

I would guess that sometime soon they'll have bond posted and be out.