A photo of a woman giving a therapeutic massage Getty Images. A group of massage therapists is suing the City of Billings because it says new laws aimed at protecting victims of sex trafficking are violating their constitutional rights, forcing them to choose between a paycheck or their freedom. They filed suit in federal district court in Billings alleging the city is forcing them to submit to unreasonable, unwarranted and illegal searches and seizure without due process or even so much as probable cause.
Even more, they can be required to turn over patient records to city employees without a warrant, possibly disclosing sensitive information without a client even knowing it. The city adopted the stricter licensing rules as a means to combat human trafficking and illegal prostitution in businesses that often masquerade as spas, massage parlors or body treatment.
Instead, they said the city should have worked hard to regulate the illicit sexually-oriented businesses rather than picking on legitimate, credible massage therapists. Kimmet is a licensed massage therapist in Missoula. That includes opening any doors, examining files and inspecting a patient calendar.
Massage therapists are licensed by the state to practice, and can be licensed by national accrediting boards and bodies. The therapists raise concerns not just about their own practice, but the safety and privacy of the records that may be obtained through a search.
During discussions of the ordinance, advocates told massage therapists that code enforcement officers from the city would be unlikely to target legitimate massage businesses, reserving the tool to help target businesses masquerading as massage therapists.
