WARREN - A judge heard brief testimony from two witnesses Tuesday, then asked for further written arguments from attorneys for the City of Warren and attorneys representing nine massage parlors.
The parlors in Warren sued the city on Friday, asking for a restraining order and an injunction to halt enforcement of new spa regulations that went into effect Saturday.
City Council members unanimously passed the emergency legislation last month.
Trumbull County Common Pleas Judge Peter Kontos will consider an injunction after city attorneys respond to a motion from the other side that argues that new regulations are unconstitutional.
Warren Law Director Greg Hicks said his department will file a response by Feb. 21, and attorneys Gary Rich and Dan Keating, for the spas, will answer that response by Feb. 28.
Meanwhile, Warren police Capt. Joe Marhulik testified that he knows of no recent crimes or acts of human trafficking occurring at any of the 10 massage parlors in the city.
Hicks pointed out later that even though city police may not be aware of any crimes, ''police can't be expected to have knowledge of any ongoing investigation by the FBI, IRS or ICE (U.S. Immigration and Customs Enforcement).''
Warren Deputy Health Commissioner Robert Pinti also testified that any violations found at the health spas in his 11 years have been minor. He said the businesses correct any minor violations ''on the spot.''
Richard Thompson of Girard, who owns Hot Sun Spa, was prepared to testify about the financial impact the new laws would have on his business but he wasn't called to the witness stand. Rich and Keating are taking issue with restricted hours on the spas and increased fees for permits and licensing.
The new legislation closes the businesses between midnight and 6 a.m. and increases application fees and renewal filing fees from $750 to $1,800. Renewal application fees for a masseur or masseuse increase from $65 to $640 per year.
''We have 7-Eleven stores in town that sell blunts and crack pipes and they're open 24-7,'' Rich said.
Rich and Keating turned in case law to Kontos that shows a federal judge in the southern district of Ohio finding unconstitutional the limiting of hours at a Columbus spa in 1978. They have a similar unconstitutional ruling from the Ohio Supreme Court limiting barber shop hours in Cincinnati in 1943.
''The city is taking away property rights from our clients,'' Keating said.
Hicks argued at one point that the spas have failed to show any immediate or irreparable harm - grounds for an injunction. ''We're simply arguing merits of the case now,'' he said.
Hicks said that any increase in fees is an effort to increase the inspections of the spas. ''Instead of twice a year, we're going to inspect once a month,'' he said.
He said since no injunction exists, the city is entitled to enforce the new regulations now. But he pointed out that permits and licensing fees are not due until later on in the year. And minor violations will most likely result in a warning, especially while the case is in court.
The law director did recall a murder at a local massage parlor that he said was in the 1980s and in fact led to the city regulations that were enacted in 1995.
''We had a woman who was murdered, and we had no way to identify her. That's what led to the background checks, fingerprinting and identification that we do now,'' Hicks said.