Johnston law spurs state change on massage parlor regulations - DesMoinesRegister.com

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Massage parlors have popped up across the metro. Tom Coleman, a local businessman near one of the parlors, and his brother, City Councilman Chris Coleman discuss some of the concerns of some have about prostitution and trafficking. Brian Powers/The Register

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Asian Tuina is one of several massage businesses in Des Moines that people have voiced concerns about the services being offered there.(Photo: Brian Powers/The Register)Buy Photo


Gov. Terry Branstad signed a bill into law Wednesday that gives cities the authority to require licenses for massage parlors in an attempt to crack down on human trafficking and prostitution rings.


Lawmakers passed a bill late in the legislative session that repeals a section of Iowa's code that prohibits cities from levying restrictions or requirements on massage therapists that are not "equally enacted or enforced" on other licensed health care practitioners.


"This makes it very clear they have the power to help us regulate some of those licenses," said Rep. Jake Highfill, R-Johnston. "The cities know where those bad apples are, and we like to let them make those decisions."


The legislation was spurred by the city of Johnston's efforts to require a special license and background check before massage establishments can open their doors.


Johnston's ordinance was approved last summer, but the city was soon faced with questions of the law's legality.


Johnston is the only city in the metro with an ordinance that specifically regulates massage parlors through a licensing process. But Mayor Paula Dierenfeld hopes this small change in state law will motivate other cities to pass their own local controls.


"We don't want to drive these businesses out of Johnston and have them just go across the interstate into Urbandale or Des Moines," she said.


Des Moines has been identified by a national anti-human trafficking organization as one of the country's top 100 sites for suspected massage-related trafficking. Polaris identified Des Moines in the top 100 locales by scraping data from paid online sites, where customers review sex workers. It found eight locations in the city.


Urbandale does not allow businesses that offer massages without other spa services to operate within the city. The city does not require business licenses, but it does require business owners to submit a narrative explaining the services they will provide, Steve Franklin, the community development director previously told the Register.


"We have to make an informed decision" about each business, he said. "If it seems professional, it might be OK."


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On July 1, Johnston began requiring licenses for new massage therapy businesses. It asks for credentials of all practicing massage therapists, descriptions of previous license suspensions or denials and criminal background checks of the owner, manager and its employees.


The businesses are also subjected to an annual review.


"It's pretty standard stuff that if they're a legitimate business they should be able to answer with no problem," Dierenfeld said.


One massage parlor closed after it went through the review process. Another looking to open in Johnston was denied a license, she said.


"It has been a tool that has worked very effectively for us in proactively screening those kinds of operations and making sure that they are not locating and operating in our community," she said.


But Zachary Flick, a board member with the American Massage Therapy Association Iowa Chapter, says he's worried Johnston's licensing requirements are too financially burdensome for legitimate therapists hoping to open their own practices.


"We're not pro-human trafficking. There's no one that's interested in helping the prostitution rings that may be operating in Des Moines," said Flick, who owns Cloud 9 Massage Therapy in Clive. "The problem we have with Johnston's ordinance is that it allows for the inequitable levy of taxes and fees and paperwork for legitimate massage therapists who have already gone to school, taken the test and gotten their license from the state of Iowa."


Johnston charges $150 for the application, and holds the right to charge another fee for its annual review. The state charges $60 every two years for a massage therapy license. It also requires 12 hours of continuing education a year, which amounts to about $40 an hour, Flick said. And massage therapy school in Iowa costs anywhere from $7,000 to $10,000 to complete, he said.


Flick said the association is not against the process and additional information required under Johnston's ordinance. He's hopeful the city will work with therapists to charge a reduced fee so as not to deter small businesses in Johnston.

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