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Catrina Barker | The Center Square contributor


NextImg:Illinois massage therapists push back against local ordinances - Washington Examiner

(The Center Square) – Licensed massage therapists in Illinois say local anti-trafficking ordinances unfairly burden legal, state-regulated businesses

MaryAnn Shelton, a licensed massage therapist in Bloomington-Normal, said a recently passed city ordinance could open the door to regulatory overreach, penalize law-abiding health practitioners, and lay the groundwork for a state-backed push to legalize prostitution.

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Shelton, owner of Resonate Source Massage, said the city’s newly adjusted licensing requirements are “not about safety or trafficking — they’re about control and redefining the boundaries of professional therapy.”

“We already have state licensure. We already report to an entire agency that handles complaints, enforcement, and public safety. What this really does is allow the city to put its hand in where it doesn’t belong — and potentially harass legal businesses,” Shelton told The Center Square.

Already paying $250 biennially to the state, therapists argue added fees punish legitimate practitioners while illegal operations go unchecked.

What troubles Shelton is language in a city email admitting that enforcement under current laws is difficult because human trafficking cases require a burden of proof. The ordinance is framed as a “proactive” regulatory tool — a justification that raises serious concerns about due process, according to Shelton. 

“If you want to run an illicit business you are going to skip over that [the city licensing] process. When a city official essentially says the burden of proof is too high so we’re going to preemptively regulate businesses just in case — that’s chilling,” said Shelton. “That’s not how America works.”

Jeff Jurgens, city manager of Bloomington, said in an email they’re often asked why this can’t just be handled by law enforcement through existing laws on trafficking or sex crimes.

“The reality is that criminal investigations are resource-intensive, often require undercover operations, require third-party witness testimony and typically only happen after illegal activity has already occurred. In addition, the legal burden of proof in a criminal case is very high, requiring proof beyond a reasonable doubt, which can make it difficult to take timely action, even when strong suspicions exist,” said Jurgens. “A local licensing framework gives the City a proactive tool to intervene earlier.”

Bloomington joins Peoria, Springfield, Chatham and Tremont, municipalities who already have massage business ordinances.

Shelton warned the ordinance may be linked to Illinois’ push to legalize prostitution, suggesting it could be a step toward normalizing or pre-clearing certain business models.

“Now we’ve really got to ask the question, ‘what is the city opening the doors for?’ … It feels like they’re laying down the foundation to legitimize massage-style parlors before any legalization debate even happens at the state level,” Shelton said. “They’re lumping professionals like me into categories that don’t belong to us — and that’s dangerous.”

Illinois legislators have filed House Bill 3518, the “Sex Workers’ Bill of Rights Act,” which would decriminalize consensual adult sex work and provide labor protections for sex workers. The bill, sponsored by Rep. Will Guzzardi, D-Chicago, remains in the House Rules Committee where it’s been since February.  

The Bloomington ordinance requires massage businesses to get a city license, pay a $100 fee, and pass a background check. State-licensed sole proprietors are exempt from licensing but must follow certain rules. Shelton says the logic is backward.

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“It just seems like a lot of wasted time and paperwork. If no one’s actually going to check who’s who, what’s the point? The [Illinois Department of Financial and Professional Regulation] already has a public list of licensed professionals — anyone can look it up. What this ordinance does is target me — not traffickers,” Shelton said. “You’re forcing compliant, educated professionals to jump through more hoops, while the illegal operations continue without consequence.”

Massage therapy in Illinois is overseen by the IDFPR, which handles licensing, renewals and public complaints.