Appeal denied in spa closing

Staff report

WARREN

The closure of the Sunny Spa on East Market Street that began April 1 has been upheld by Warren Mayor Doug Franklin and another city representative.

Atty. Harry DePietro of Girard said he will follow the remaining steps and appeal the closure to Trumbull County Common Pleas Court if necessary.

DePietro believes the closing, which stemmed from a March 21 inspection by Bob Pinti, Warren deputy health commissioner, was unconstitutional because it came from an unlawful search. He also doesn’t believe the conduct involved was unlawful.

According to city ordinance, DePietro next must appeal the decision to Franklin and then could appeal the matter to the court.

On Tuesday, Judge Andrew Logan of Trumbull County Common Pleas Court refused to grant a temporary restraining order in the matter, but the matter will be scheduled for a hearing on a permanent injunction if the next appeal to the city is unsuccessful, DePietro said.

Pinti closed the spa after he found a naked customer in the spa’s shower and a clothed masseuse in the shower with him, assisting him.

Pinti said that violated a city ordinance requiring the genitals of customers to be covered during a massage.