To the relief of massage practitioners, no longer will massage therapy be lumped with adult escort services under Ashwaubenon law.
The Village Board on Feb. 24 unanimously passed a tweaked version of a village staff-proposed measure to recreate Ashwaubenon’s existing code, changed to exclusively govern non-sexual escort services, and added a new law overseeing massage establishments.
After the Public Works and Protection Committee’s endorsement on Feb. 3 of the initial measure, massage therapists had approached Village President Mary Kardoskee and Village Administrator Joel Gregozeski with concerns of the drafted massage establishment law, according to a memo by Gregozeski to the Village Board.
Village staff made several changes in wording “to better align with the industry and to ensure that we respect and identify the professional aspect of massage therapy and bodywork therapy,” Gregozeski told the Village Board.
The new massage establishment law included a section describing its intention and authority where there hadn’t been prior. The law’s objective was to “protect public health and safety” through preventing illegal activity in the businesses that provide massage services.
Gregozeski also noted the law was restructured to be clearer in separating the regulation of massage businesses from the act of massage therapy. The law was not to be interpreted as regulating the practice of massage therapy, the memo said.
The definition of massage therapy would take the state’s definition, not a previous village definition that included “rubbing” and “kneading,” Gregozeski’s memo said. The word “establishment” was also further refined to exclude medical facilities already governed under other aspects of law.
The new massage establishment law included reference to a criminal background check during the permit application process by the Chief of Public Safety, a reference not previously included and was deemed a “major addition” by Gregozeski.
Regulations of the massage establishment’s operations were also clarified and reformed. Inspections, which village staff had previously indicated could be technically done as they pleased under the initially drafted ordinance, would be “conducted in a reasonable manner” and would “avoid unnecessary disruption of services,” the memo said. Gregozeski added during the meeting that the reservation was to address customer privacy concerns brought up by massage therapists.
Businesses were also given more room to operate during the day, needing to be closed from 10 p.m. to 5 a.m. instead of a previous stipulation to be closed from 9 p.m. to 7 a.m.
Phil Turnbull, a massage therapist who operates KATALYST Bodywork and Performance in Ashwaubenon, told the Village Board that medical care often falls outside of work hours, like in the case of pregnancy or end-of-life care, and flexibility was appreciated to provide services when needed.
And as a licensed business, reporting on suspected illegal sexual activity or misconduct to “an appropriate law enforcement authority” was required, as per the new wording.
The law exempts state-licensed therapists who operate their own practice alone – a frequent convention in the industry – from needing a massage establishment license, which would be unnecessary in that case, Gregozeski said.
The rest of the application process to become a licensed massage business in the village stayed the same. The village clerk would first see the application and pass it along to the public safety chief and the community development director. The Public Works and Protection Committee would give its approval or denial. Denials could be appealed to the Village Board. The Brown County Circuit Court had final jurisdiction in the matter. License renewals would be due each year by Dec. 1.
The new law for escort services − which Gregozeski said the village hasn’t likely seen for decades − also kept the wording as first proposed. Applications would first be reviewed by the village clerk, followed by the public safety chief, then the Public Works and Protection Committee. The Village Board would hear appeals.
The Village Board’s action removed Ashwaubenon from the camp of some local jurisdictions, like De Pere, which refers to massages under the category of “sexually oriented adult entertainment establishment,” or Bellevue, which has no reference to massage therapy in its laws at all. The village joined the likes of Green Bay and Howard, which explicitly separate massage therapy from adult escort services in their codes.
Board members Kelly Servais and Chris Atkinson applauded the changed verbiage.
“I think we cleaned up a lot of the problems from the old ordinance,” Servais said, “and I think it was great to get the input from massage therapists in the village.”
Atkinson emphasized his liking for the changed hours of operation, saying he believed the village would see more lymphatic massage offerings that was difficult to access during normal business hours.
Turnbull, the massage therapist, commended working with the village to change the ordinance’s initial draft. Where the profession has been historically associated with sexual activity, Turnbull praised the separation of massage therapy from prostitution, which he said massage therapists wanted as much as others to rid out of their vocation.
He said some other communities “disregarded” massage practitioners or didn’t define therapists in their laws, so “we appreciate you taking the time to recognize us as licensed medical professionals.”
Jesse Lin is a reporter covering the community of Green Bay and its surroundings, as well as politics in northeastern Wisconsin. He also writes a weekly column answering questions about Green Bay. Contact and send him questions at 920-834-4250 or jlin@usatodayco.com.
This article originally appeared on Green Bay Press-Gazette: Ashwaubenon no longer governs massage therapy, adult escorts together
Reporting by Jesse Lin, Green Bay Press-Gazette / Green Bay Press-Gazette
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