Controversial massage ordinance off the table in Evanston - Chicago Tribune

[massage]

Evanston City Council members dropped a controversial ordinance regulating massage establishments Monday, agreeing the extra requirements drawn up to protect against illicit establishments weren't worth the stress they were causing for legitimate businesses.

Aldermen voted 7-1 to drop the proposed ordinance, which proposed by staff originally to address "ongoing community concerns and provide an enforcement tool related to illegal sexual activities at massage establishments."

At Monday night's meeting, officials presented a reworked ordinance, after consulting with representatives of the massage and bodywork communities, including the American Massage Therapy Association, which has its home in Evanston.

But some speakers at the meeting told council members that the proposal, while improved, still contained problem areas which could cause legitimate businesses concerns.


A provision, for instance, against establishments placing advertisements which discloses "the age, gender, or physical attributes of a massage or bodywork's establishment employees," infringes upon the many therapists who have websites with their photos on it, said Jane Newman, among those testifying.


Newman, who said she worked on the drafting of the state statute regulating massage establishments, also maintained that the deleting of "sexual and genital areas" from the original ordinance's section of defining terms didn't address therapists concerns about the need for body work in those area.

"It is used throughout the ordinance, including banning touching those areas — which is a major problem for massage therapists who work post-surgically on people who have had hip replacements, breast surgery and the like," she told aldermen.

"It is perfectly legitimate and appropriate for them to be touching buttocks and breast tissue, but without a definition in there they're left to wonder, 'Am I going to be in violation of the city's ordinance?'"

Another speaker Chris Pappas, noted that he and his wife have operated Egea Spa, located at 1521 Sherman Ave., for 13 years.

"It is a role we take seriously," he told council members. "We believe strongly that there is no need for a massage ordinance in Evanston intended to address issues already covered by the state of Illinois massage statute."

As to the proposed ordinance's possible effect, Pappas gave the example of a visit to his spa on May 14 from four 16 to 17-year-old girls. "It was a very special day for them, prom, at ETHS (Evanston Township High School)," he related. "Only one came with her mother.

"Under this regulation would these clients be barred from the spa or would I be in violation?" he asked. "Should I send these residents to Mario Tricoci (a salon and spa) at nearby Old Orchard for their services in the future?"


In discussion, a number of aldermen acknowledged that maybe the city had gone to far trying to address the problem of addressing illicit establishments.

Referring to the proposed ordinance, Ald. Donald Wilson, 4th, said "there are nine pages of things and I think what we were trying to accomplish was a very specific discreet thing — which was generally if someone is operating an illegal, improper business without a state license— because the bad guys aren't going to go to that trouble — the police department needs a way to shut down a bad business. This is eight and a half pages of stuff that really doesn't have anything to do with that."

"I just feel we're at a point now where we've put a lot of businesses through a lot of stress, a lot of anxiety," Wilson said. "I think there's too much of a risk of very significant adverse impact. We're trying to create a positive environment for businesses in town. We have to maintain order, we have to maintain legality, but this just goes way, way beyond that."

But Ald. Delores Holmes, 5th, the lone council member to vote in support of the new ordinance, reminded aldermen that the proposal was drawn up in response to legitimate concerns.

A massage establishment, once located on Howard Street, had moved to Church Street in her ward, across from Evanston Township High School.

She said the matter was brought to her and 2nd Ward Alderman Peter Braithwaite's attention "by several hundred parents … whose kids pass by it. Is that a little bit of an issue?" she asked.

"No one wants to run a business out—it's not about that at all," she said. "It's about having some kind of regulations from keeping this kind of thing from happening."

bseidenberg@pioneerlocal.com

Twitter @evanstonscribe


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