Palo Alto’s quest to upgrade its massage regulations is hitting a nerve among local massage therapists, who are arguing they’re being unfairly targeted.
The proposed ordinance, which will be discussed Tuesday, Feb. 14, by the City Council’s Policy and Services Committee, would require massage therapists to get one of two types of certification — either a permit from the city or a certificate from the California Massage Therapy Council, an organization formed by the state Legislature to regulate the industry.
Palo Alto has 195 massage therapists, according to a report from police Lt. April Wagner. Of those, 111 are California Massage Therapy Council certified. The number of businesses without permits is particularly high around California Avenue, which has about 24 unregulated therapists.
But while the city’s ordinance aims to comply with state law, some therapists claim the city is pressing too hard. At a tense meeting in April, many cried foul about a logbook that the therapists would have to keep, listing all clients. After hearing these complaints, the city revised its proposal and specified that the logbook would only be presented to the police through a court order.
The proposed ordinance also requires non-certified applicants to obtain a criminal-history check and a fingerprint check from the Department of Justice. They would also have to undergo at least 200 hours of education from schools accredited by the Bureau of Private Post Secondary Education, an arm of the Department of Consumer Affairs.
But many in the massage establishment remain concerned. David Bertlesen, owner of Happy Feet, claimed that his business (which according to Wagner’s report he described as “reflexology” and “foot massage”) does not meet the legal definition of “massage.” The city disagrees. Because Bertlesen’s business offers full-body massages (albeit, to fully clothed clients), Happy Feet would be required to meet the certification standards.
Bertlesen said his employees have no verifiable education in massage technique, and he alleged they would leave if the new requirements were enacted.
Wagner wrote in her report that the new ordinance is meant to “ensure that those who offer massage services are qualified, trained, and conduct their work in a lawful and professional manner. … Persons who choose to patronize the therapists within Palo Alto can have confidence that the therapists have successfully met standardized qualifications,” she wrote.
In addition to the certification, the ordinance proposes annual permit fees ranging from $300 for a massage technician (renewable for $150) to $750 for a massage establishment (with a $450 renewal fee).
The Policy and Service Committee meeting will begin at 7 p.m. on Tuesday, Feb. 14, in the Council Conference Room at City Hall (250 Hamilton Ave.).
Related articles:
• Proposed massage law breeds tension in Palo Alto (April 8, 2011)
• [http://paloaltoonline.com/news/show_story.php?id=20765 Palo Alto won’t ask for massage-client info (April 14, 2011)
Are we solving a problem that doesn’t exist? Or are there nefarious goings-on that I haven’t heard about?
Pretty clear to me that this is a tool to crackdown on prostitution. Don’t know why the newspaper doesn’t even mention that. Have some prominent local residents been rounded up in past crackdowns, but somehow kept their names out of the newspapers?
If we are going to legalize pot– why not prostitution?
All we need is health codes to make sure they do not have AIDS
The free market will sort it out
Ugh. Is this about getting rid of ‘massage as prostitution’ parlors? I was unaware that these are a problem in PA.
Why would the city fight this by imposing bureaucratic requirements on all massage business, instead of doing the detective work to catch the illegal ones? I love the variety of legal massages available, would be sad to lose it.
We would be imposing a significant burden on many good guys in order to get rid of a few bad apples. Why not just hire a massage detective?
What is the problem here?
Why does the Palo Alto Police (presumably) want to regulate message businesses? What expertise in message can the Police claim—that makes them experts in this particular kind of business?
> Palo Alto has 195 massage therapists, according to a
> report from police Lt. April Wagner.
How in the world can someone make a claim like this? Massage Therapists come and go on a daily basis. This kind of service can be provided in hotel rooms, in homes, or storefronts.
> The proposed ordinance also requires non-certified applicants
> to obtain a criminal-history check and a fingerprint check from
> the Department of Justice. They would also have to undergo at
> least 200 hours of education from schools accredited by the
> Bureau of Private Post Secondary Education, an arm of the
> Department of Consumer Affairs.
How many other businesses operating in Palo Alto require criminal-history checks? What kind of criminal activity has been documented by the Palo Alto Police that identifies message therapists as likely to have a criminal past, and to be also likely to be involved in crime when in Palo Alto?
This seems to be a very discriminatory position to be taking—particularly given the high number of illegal immigrants in California, many of whom are involved in various criminal activities.
It might be interesting to find out how many of the unionized City of Palo Alto employees have 200 hours of “education” in the area where they are put to work, have a criminal-history check, and must pay $300 a year to the City for the “right” to work in their chosen profession?
California Massage Therapy Council:
https://www.camtc.org/
> At a tense meeting in April, many cried foul about a logbook
> that the therapists would have to keep, listing all clients. After
> hearing these complaints, the city revised its proposal
> and specified that the logbook would only be presented to
> the police through a court order.
This is really something that should infuriate all Californians. The Palo Alto Police have trounced the basic values of all of us when they made this demand for keeping a log book of the massage customers.
Keeping logs of who comes and goes in a place of business is little more than having a Palo Alto Cop walking up to you on the street, sticking his hand out, and saying: “Papers!” We, as Americans, have fundamental rights which clearly the Palo Alto Police, and the Palo Alto City Attorney have no interest in admitting, or protecting.
Massage is a legal business. It’s not like selling drugs, which are dangerous. While the massage business may not be a high “value add” to a community (like a grocery store, or a clothing store), it is none-the-less legal. The Palo Alto Police have, with this demand, criminalized not only the business, but all of the patrons of that business.
With this demand for a log book of customers, the Police are saying that they can walk in anytime, demand the log book, and then take log and begin to use it anyway they want. They can post the data on-line, they can sell it, or they can use it to create some fantasy about how the patrons of the massage parlor are engaged in some sort of illegal activity, using the log as “proof”.
Outrageous!!!
And what do you want to bet that no one on the Palo Alto City Council will see this sort of invasion of privacy in a negative way?
If there is a problem involving illegality here—then the police need to identify, and solve that problem. Instead, they are doing everything in their power to criminalize a lo-tech businesses that are operated primarily by immigrants.
And I ask—What is the problem here?
This is just a way to keep pleblians in their place. Conservative values still shine through when a door is open…
What about regulating housekeepers and maids? Gardeners, pool cleaners? How about home health care? Please, Palo Alto, leave it to the State to regulate. I assume everyone is just still trying to justify their existence. This one by reminding us that the worlds oldest profession still exists… so, let’s just levy an unfair “tax” on these providers. For of all the decent law abiding healers and body workers everywhere, please stand against this ordinance.
Absolutely ridiculous. It is readily apparent that these places are being target and for what reason? Just one MORE reason that businesses will leave Palo Alto to go to surrounding cities. Keep it up guys!
To the best of my recollection (it’s been 35 years), this goes way back to mid 1970’s when Palo Alto had a dozen or more ‘massage parlors’ that we not even subtle about being houses of prostitution. The police would throw the girls in jail overnight, and the business didn’t even blink. Then one day in about 1976 or 1977 PA Police got a court order to raid all the places at once, and instead of it being a prostitution charge, it was an ‘unfair business practices’ charge. That let them put the owners in jail and close down the business. All the business assets were confiscated pending trial. One place had a huge fish tank that was ‘stored’ at the Children’s museum, rather than put in a storage locker — creative thinking on the police’s part. The new rules for massage parlors required things like no doors on the rooms, masseuses had to wear white nurses uniforms, at least a 100 watt light bulb in each room, etc. None of the businesses bothered to re-open in Palo Alto.
Hey mutti,
Thanks for that history. Helps us understand the need for this type of regulation.
@ mutti,
Ah yes, the good old days…
I don’t think this is about prostitution in Palo Alto. In October I wrote to the City Manager to complain about this new proposal and was told that it was designed to put the PA policy in line with the policies of other peninsula cities. But personally if it ISN’T a problem in PA than why address it?
I frequent Happy Feet, which is a fantastic, reasonably priced foot/back massage. It is in no way anything other than a massage establishment. You pay $25 for AN HOUR. It’s great.
I think low-priced massage is fantastic and serves the community I’m really bummed that this new policy will drive these types of businesses out-of-business.
Legitimate massage places make appointments so keeping a log should not be a problem. Or they can ask for a name when people show up. I’m sure the city will adapt to accommodate legitimate businesses.
If some shady outfits decide to move elsewhere, that’s great!
I remember the so called massage parlors, mostly around the Ventura neighborhood. The prostitutes were recognizable on the street. Yuk. Neighborhood people had to protest a long time before the police acted.
Glad to see they are being proactive before it deteriorates another neighborhood.
Hair dressers and many other professionals need a license, so why not massage therapists?
> Hair dressers and many other professionals need a license,
> so why not massage therapists?
Why should anyone need a “license” (meaning pay the State for the right to practice their trade)? Are these people involved in doing anything dangerous? If you don’t like their work, then don’t go back.
By the way, how many other professions need State approval? Brick layers? Dress Designers? Interior Decorators? If the feeling is that message therapists represent a clear and present danger to their customers, and the community at large–then why not simply outlaw the profession? As to all of the other occupations that are practiced here in California, why not require licenses for them too?
I am rather pleased to hear this. I think many would be clients would like to know that the business they intend to frequent for a massage is in fact a massage therapy business and nothing else.
The reason a license is required for a business which is going to be close to a client’s body, with chemicals or sharp instruments, is for our protection. I am pleased that someone with a razor or sharp scissors, or harsh chemicals such as hair dye, has a license and a qualification, as they could do me a great deal of personal harm otherwise. A bricklayer or interior designer could mess up my home, but they can’t hurt my body.
I am all for this. My only question is why isn’t this a state statute rather than a local city rule?
> which is going to be close to a client’s body, with chemicals
> or sharp instruments
People engaged in massage use their hands, and generally little else (perhaps some sort of body oil). Of course, it would pay if they had some sort of health inspection, but that probably should be true for anyone who deals with food preparation too. Anyone know how many people in the local restaurants have been seen by a doctor for a physical? Probably not very many–particularly those who are here illegally.
Given that the most anyone is going to risk is about $25 dollars for a massage, if you don’t like the work–then don’t go back, and tell your friends that you didn’t like the work at the XYZ massage parlor. The need for a license for this sort of thing is uncalled for. People who want a therapist who is trained/certificated can insist that the therapist show you his/her paperwork before getting on the table. Failing the proper paperwork, you walk out. Simple as that.
What is the problem?! Legitimate massage parlors have nothing to worry about if they are indeed legitimate. Regulation is needed to keep our community safe of the crime associated with illegitimate massage parlors (which act as a front to more serious crimes). Read reviews posted on EroticMP.com and Rubmaps.com and see how many communities in the bay area have “spas” that offer “massage”. These are breeding grounds for human trafficking, prostitution and disease. Palo Alto should be proud their police force is taking notice of this problem and taking action against it. Other cities in the area should learn from their efforts.