Massage parlor sues city

Jennifer Kho

COSTA MESA -- A massage business on land that was recently annexed by

the city is suing for more time to get licenses that can be difficult to

acquire.

Mind Over Muscles, at 2360 Newport Blvd., is part of a parcel at the

corner of Bristol Street and Santa Ana Avenue that was annexed into the

city in November, along with the Santa Ana Country Club and a piece of

land between the club and Bristol Street.

The city’s 1994 massage ordinance, revised two years ago in an attempt

to eliminate prostitution houses fronting as massage parlors, requires

masseuses to go through a rigorous licensing process to practice in the

city.

The ordinance is in the process of being revised again to increase the

number of training hours masseuses must have to be licensed. It also

would allow massage rooms to have only white lights and unlocked doors.

According to the lawsuit, which was filed Jan. 31 but has not yet been

served to the city, it is “significantly more difficult to obtain a Costa

Mesa practitioner license than it is to obtain a county of Orange

practitioner license.”

Although all employees were licensed by the county, only the owner,

Andrea Daniels, qualified to work at the business the day after the

annexation, according to the lawsuit.

The city did not cite the business for failing to comply with the

ordinance, but the lawsuit states the city “has threatened to enforce

[the ordinance] while not allowing [Mind Over Muscles] the benefit of the

grandfathering provisions.”

In 1994, when the original massage ordinance went into effect,

businesses in the city were given two years to comply with the new

conditions.

Those at Mind Over Muscles believe they are entitled to at least two

years because of a California code that guarantees annexed businesses and

residents “the same rights and duties as if the annexed territory had

originally been within the city,” according to the lawsuit.

Marianne Reger, deputy city attorney, said she is negotiating with the

business to try to resolve the issue without further litigation.

“The whole basis is how much time they should get to comply with Costa

Mesa’s municipal code,” Reger said. “They say they should have the two to

three years that were given to massage establishments when the ordinance

was first enacted. I have a different opinion.”

Ron Talmo, attorney for Mind Over Muscles, declined to comment but

confirmed he is trying to resolve the matter in “a nice dialogue” with

the city.