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Sunny Spa seeks court order to stay open



Published: Fri, March 29, 2013 @ 6:45 p.m.

Client not properly clothed, city claims

Sunny Spa, which received a notice from the Warren Health Department March 21 saying it had violated a city ordinance, has filed suit in Trumbull County Common Pleas Court to stop the city from enforcing a 90-day suspension.

Warren health spa fights suspension

WARREN

Sunny Spa, 443 E. Market St., which received a notice from the Warren Health Department last week saying it had violated a city ordinance, has filed suit in Trumbull County Common Pleas Court trying to stop the city from enforcing a 90-day suspension.

The spa is one of two massage parlors operating in the city after a May 30, 2012, raid on eight parlors and legal action in June that closed them for a year for engaging in prostitution.

Unsuk Cho, owner/operator of Sunny Spa, requested a temporary restraining order and permanent injunction.

The suit says Bob Pinti, deputy health commissioner, visited the spa at 11:10 a.m. March 21 for an inspection and walked “in an aggressive and rapid manner, working his way from the front to the back” of the spa.

Pinti went into a shower area and “without announcing himself, pulled back the shower curtain while one of Sunny’s customers was taking a shower (assisted by Sunny employee Mini Hoppy) — embarrassing Sunny’s customer while violating [the spa’s] federal and Ohio constitutional rights against unreasonable search,” the suit said.

Pinti cited the spa under a Warren ordinance requiring the genital area of a customer to be covered while receiving a massage.

The violation letter to the spa said it would suspend its license for 90 days starting Monday unless the spa appealed within 10 days.

The spa did request an appeal on Wednesday but has concerns the city will try to close the business on Monday “without affording her due process and a proper public hearing,” the suit said.

Atty. Harry DePietro, who represents Cho, said he doesn’t know whether the spa will be closed Monday or not. He’s been advised by the common pleas court that Judge Andrew Logan will not be available to act on his request for a temporary restraining order for close to two weeks.


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