HomeMy WebLinkAboutA003 - legal opinion of massage parlor regulations City A
ofAMES, Iowa
TANM Public Safety Bldg 50010
(515) 232-6210
JOHN R. KLAUS
City Attorney
SANDRA M. ZENK °` `.
MARK W. F. LINDHOLM
Assistant City Attorneys `' A
August 10, 1981
A U G 1
Honorable F. Paul Goodland, Mayor
and Members of the City Council
of the City of Ames, Iowa
In Re: Massage Parlors
Dear Mayor Goodland and Council Members:
A citizens' petition has raised the issue of massage parlor regulations, and
I have been asked to survey the legal terrain of this area.
In the following paragraphs, I have endeavored to summarize various ap-
proaches and their problems. First, the present law in Ames and Iowa is
briefly outlined. Secondly, the licensing and regulation of the massage
parlor business is discussed. Thirdly, prohibitions against certain aspects
of the massage parlor business are analyzed.
Currently, massage parlors within Ames are not subject to any special regula-
tions or prohibitions. Under Chapter 29 (Zoning), Ames Municipal Code, a
massage parlor is a "commercial service" and thus is a permissible use in any
commercial zone: general, concentrated, or planned. Like all other busi-
nesses or places in Ames, massage parlors are subject to the criminal law of
Iowa, e.g. indecent exposure and prostitution. Sections 709.9 and 725.1,
Iowa Code, 1981. Also, if a particular massage parlor was actually serving
as a house of prostitution, it could be enjoined as a nuisance pursuant to
Chapter 99, Iowa Code (1981).
Massage parlors may be licensed and regulated by a municipality if the regu-
lations are reasonably clear to guide officials and if reasonably necessary
to promote the public health, morals, safety, or welfare. Along these lines,
several types of regulations have been upheld in other jurisdictions: e.g. ,
adequacy of the facility, training of personnel, minimum dress requirements,
the moral character of the applicant for the license, limitation of hours of
operation, and photographing and fingerprinting of personnel.
Combining Education and Industry with Hospitality
•
The effectiveness of regulatory programs is a matter of considerable contro-
versy. The City of Des Moines, Iowa, has much experience in this field. At
the request of the City Council, the City Attorney's Office will consult with
city officials in Des Moines and conduct further research on massage parlor
regulation.
Many localities have responded to the massage parlor problem by prohibiting
the giving of massages to persons of the opposite sex. There is a split of
authority concerning the constitutionality of such a prohibition. Several
courts have upheld such ordinances as a valid exercise of the police power.
However, the trend of recent cases is to invalidate such laws as violative of
due process or equal protection. The Washington Supreme Court has stated
that the occurrence of lurid and illegal activities in some massage parlors
does not justify a blanket ban based on sex alone. A federal court has held
that such an ordinance is invalid because it infringes on an employer's right
to do business through a sex-based classification where the objective of the
ordinance was not supported by a compelling governmental interest.
Another type of prohibition in the massage parlor field is a ban on massaging
the genitals of any patron. Such ordinances have survived court challenges
in Wisconsin and Alabama. In Iowa, however, such an ordinance might be
challenged as an attempt to regulate sexual conduct, an area which has been
preempted by the state.
• In summary, a massage parlor is presently a permitted use in a commercial
zone in Ames, Iowa. Like any other business or place within Ames, a massage
parlor is subject to Iowa criminal law and nuisance law in the sexual conduct
area, but no program of licensing and regulation exists for massage parlors.
Such a program could probably be designed to withstand a court challenge;
effective implementation and enforcement appears to be a more elusive goal. A
prohibition against massages of a patron of the opposite sex would be of
doubtful constitutional validity. Banning massages of the genitals of any
patron probably would constitute a proper exercise of the police power, but
in an area preempted by the state where only the Iowa legislature may act.
This survey is a brief introduction and no means an exhaustive analysis.
Upon request, the City Attorney's Office will conduct further research or
perform other legal work as directed by the City Council.
Respectfully submitted,
Mark W. Lindholm
Assistant City Attorney
MWLJmlp
•
2