Sunny Spa, an East Market Street massage parlor that received a violation notice March 21, was closed Monday despite legal action filed by its attorney. Its neon sign was turned off, and no one answered the door.
Atty. Harry DePietro filed a request in Trumbull County Common Pleas Court on Thursday asking for a temporary restraining order to prevent the closing before the spa’s suspension went into effect Monday.
Courthouse officials said a hearing on the matter is set for 11 a.m. next Tuesday before Judge Andrew Logan, who won’t be available until then.
The Warren Health Department issued a violation notice after Bob Pinti, deputy health commis- sioner, visited the spa March 21 and observed an unclothed male customer in the shower along with a clothed female masseuse.
Pinti said that violated a city ordinance requiring the genital area of all customers to be covered while receiving a massage.
DePietro appealed the violation, which ordered the business to close for 90 days beginning Monday. DePietro said what Pinti saw was not a violation because the customer was being assisted in taking a shower, not receiving a massage.
Pinti said he believes anything that goes on in the spa qualifies as a massage because that’s the business it runs.
Pinti noted that Sunny Spa also received a 30-day suspension after an inspection Dec. 28, 2012, that revealed that the masseuse working that day did not have a license to work in the Sunny Spa. The spa did not appeal that violation.
Pinti said the Warren Board of Health would schedule a special meeting to hear DePietro’s appeal, but DePietro has not asked for a specific hearing date yet.
Sunny Spa is one of two massage parlors that remained open after a raid May 30, 2012, uncovered evidence of prostitution in eight other parlors.