On Thursday, Oct. 22, the Santa Rosa Planning Commission voted 4-1 to uphold city staff's July denial of 88 Spa's application under the city's tightened massage-business rules.
The city's case
- Code enforcement staff found an ad on a separate website with sexually suggestive photos that invited customers to 88 Spa on College Avenue. Staff said that violates the updated ordinance.
- Freeman argued the ad listed contact details that pointed to other spas, not 88 Spa. The spa has stayed open during the appeal.
- Commissioners noted that the business stays out of compliance as long as the ads remain online.
The spa's case
- Attorney Richard Freeman said the business did not post the ad, which he says was "pirated" by the illicit site. He said the spa has had no police citations or neighbor complaints.
- Commissioner Miles Horton cast the lone vote for the appeal, saying there was no direct evidence that the business posted the ad.
- Freeman called the decision flawed and said the owner is weighing a court challenge.
The stricter rules took effect last year after police and code enforcement investigations into illicit massage businesses. Another shop was rejected under similar circumstances in September, The Press Democrat reported.