Delaware massage therapists stressed by proposed law - The News Journal

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Scott Blackson a massage therapist and owner of Massage & Body Work in Milford prepares his massage table for an upcoming massage appointment.(Photo: Jason Minto, The News Journal)Buy Photo


Professional massage therapists are protesting a proposed new law aimed at battling prostitution and human trafficking in illegal massage parlors.

"We're skeptical about how effective this legislation is going to be," said Scott Blackson, who runs Y Chromosome Massage in Milford. "But we know for a fact that this legislation is going to cause problems for legitimate practitioners."

Rep. Bryon Short, D-Highland Woods, the bill's prime sponsor, says he hears the complaints and is working with the massage therapists to iron out some improvements.

"I'm taking these concerns seriously," Short said. "As a fellow small business owner, I'm very sensitive to the fact that we shouldn't be placing burdens on these folks."
READ MORE about the legislation here

READ MORE about how police have busted human traffickers in Delaware

Short and representatives of the Division of Professional Regulation and the Attorney General's office met with six massage practitioners Friday afternoon to listen to their concerns. Several of them emerged from the meeting calling on Short to do more.

"There has been no opportunity for input, and we strongly suggest that they simply send a notice out to massage therapists in general inviting them to participate," said Chris Asay, who owns and runs his own massage business. "I think they're leaving most massage practitioners in the dark about this."

Short's bill takes aim at so-called "massage parlors," which human traffickers use as fronts to force their captives into prostitution. He and his co-sponsors say it can be difficult for police to prove that an establishment is systemically engaging in prostitution and arrest the owners.

"Law enforcement, when they do their stings, they end up arresting the women that are working in these places," Short said. "Those women are already victims in many cases, and the business owners just get more victims to operate their sites."

(Photo: Submitted)


House Bill 35 would require massage establishments to get a business license and would empower the state Division of Professional Regulation to create new, tighter rules for those businesses. Inspectors would be allowed to visit businesses without notice and could revoke licenses or shutter establishments that don't follow the rules.

The goal is to sanction and eventually shut down the businesses themselves, not just arrest the workers.

The Delaware Chapter of the American Massage Therapists Association supports the bill, saying in a Facebook statement that "it can help and support legitimate massage practitioners, as well as protect and educate our current and prospective clients."

A second national trade association for massage therapists, Associated Bodywork and Massage Professionals, opposes the legislation.

"Attempts to legislate prostitution and human trafficking through massage practice acts are not effective," the group wrote in a letter to the bill's sponsors. "They do not address the issue and ultimately serve only to burden legitimate massage therapy practitioners who have nothing to do with human trafficking and are simply trying to earn a living practicing a valued alternative health care profession."

Scott Blackson, a Milford-based massage therapist, is hoping to change a bill that would toughen regulations on his industry. (Photo: PROVIDED)


Multiple massage therapist reached out to the The News Journal after a Tuesday story about Short's bill. They said they feel as if they are being unfairly lumped in with sex criminals when they are hard-working professionals.

The ABMP points out that massage therapists already have to get licenses, complete 500 hours of education at approved programs, pass a national exam, get CPR training and pass state and national background checks. Adding an additional business license requirement would only add more costs and hurdles, they say.

Instead of increasing regulatory burdens, the ABMP argues the solution lies in creating tougher criminal laws and pushing for more zealous enforcement.

"If they're already not following the law, how is this going to stop them?" said Laura Embleton, ABMP's government relations director. "Local prosecutors need to prosecute, and local police need to investigate."

Many massage practitioners operate one-person businesses. They argue the new rules would make it harder to do that.

For example, the regulations require that services can only be offered when the office is open and free to access by the public, which would make it difficult for therapists to work on an "appointment only" basis, the business owners say.

The rules also would require the door to the building be unlocked and someone be available to answer the door at all times in case of an inspection. Blackson argues that is a problem for the many one-person operations like his — he says he can't be both giving a massage and answering the door.

Short said it is not his intention to make it harder for anyone to run a one-person business. The General Assembly doesn't resume its session until March 14, and the session doesn't end until June 30, So there is plenty of time for Short to amend his legislation.

The therapists who met with Short hope he will spend more time talking with their colleagues and do more than make cursory changes.

"It seemed like he only valued our input because he wants to pass this legislation," said Paula Casey, one of the therapists at Friday's meeting. "He needs to stop and listen to all the massage therapists in Delaware who are going to be affected by this."

Contact Matthew Albright at malbright@delawareonline.com, (302) 324-2428 or on Twitter @TNJ_malbright.

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