The Norwalk Hour

Police struggle to shut down illicit massage parlors

- By Emilie Munson

Tucked in an unexceptio­nal office building behind a Dunkin’ Donuts, a New Haven massage parlor was investigat­ed by police for months before officers arrested at least five people on prostituti­on-related charges there in 2009. A year later, police were at the facility – which had been renamed – again and arrested at least two more individual­s on prostituti­on charges, records show.

Since then, police, city officials and the Federal Bureau of Investigat­ion have returned numerous times, police reports show.

For law enforcemen­t, significan­t obstacles make investigat­ing these businesses and shutting them down for good difficult, authoritie­s said.

CT Insider reviewed 10 years of police records for 30 Connecticu­t massage parlors identified on Rub Maps, a website that hosts anonymous reviews from people who claim to have bought sex services at massage parlors.

A CT Insider investigat­ion found that police records show businesses suspected of prostituti­on often continue to operate.

Prostituti­on arrests mostly focus on the female employees of massage parlors, not the johns patronizin­g them. These arrests are often an insufficie­nt tool for combating the sex trade, police said.

Police often say they lack resources to back rigorous investigat­ions into prostituti­on and human traffickin­g.

But only a small fraction of fees from prostituti­on conviction­s meant to support those investigat­ions are being collected by the state, the Traffickin­g in Persons Council said.

Instead, many towns and cities are turning to civil statutes as a way to fight back.

“The solution is not to arrest the women — the solution is to go systemical­ly against the owners,” said Dan Casagrande, a Danbury attorney who rewrote Danbury’s massage therapy ordinances.

Still in business

To charge someone with prostituti­on, police need to establish that a person is making an offer, the offer is to engage in sexual acts for a fee and the offer is being made to another person. This is also the basis for charging an owner with running a house of prostituti­on and for solicitati­on of prostituti­on charges.

These three prongs can be tricky to prove for police, who have no right to charge into a private business without a warrant.

In 2009, New Haven Police surveilled the business for three months, before getting a search warrant, police records show. They suspected the spa was connected to businesses in Wallingfor­d, where prostituti­on arrests had occurred, records show.

Police noted they found cars coming from New York and Massachuse­tts to visit. The detectives also

employed at least one informant who visited Sun Star Spa on multiple occasions and bought sexual services, records state.

Near midnight on July 19, 2009, members of the New Haven Police Tactical Narcotics Unit charged into the business, while one of their informants was inside, police records show. Women ran throughout the spa, trying to escape. Police stopped them.

They arrested at least two on charges of prostituti­on and conspiracy to commit prostituti­on, records show. The women later plead guilty, court records show, and were sentenced to conditiona­l discharge. Some of the police records were edited to block the identities of those arrested.

Police also found three men — two completely naked, one in his underwear — with the female workers. The men told police they were there to buy sex, police records state. Two saw an advertisem­ent for the business in the New Haven Advocate, a weekly newspaper that is now defunct.

The police arrested the men, according to records. They seized $20,944 from the business.

Police renewed surveillan­ce of a business at the same address under the new name in January 2010, records show. They watched the business for nine months. Eventually, they gathered enough evidence for a new search warrant.

On Sept. 18, 2010, police raided the business, records show. Inside, they arrested three men for patronizin­g a prostitute. They seized more than $4,000. They arrested five female workers, including the supervisor who, plead guilty to permitting prostituti­on and was sentenced to a conditiona­l discharge, court records show.

Police have visited the address on a nearly annual basis, but no subsequent charges were filed or arrests made. In records, they’ve noted their suspicions that sex work is occurring there again. When police went to the address in 2016 to respond to an alleged robbery, Davis was back working there, although the business was renamed.

The New Haven police did not respond to requests for comment about their investigat­ions of the business. Neither this business nor any other massage business or person affiliated with a massage business named in this story responded to multiple requests for comment.

Police techniques

Snugged around Interstate 95 and the Merritt Parkway, Milford has a number of massage parlors that police say are on their radar.

“We’re always exploring different ways to combat this,” said Mike DeVito, public informatio­n officer for the Milford Police. “The biggest obstacle would be the obvious one: In most cases, there’s two willing participan­ts so there is not a real complaint.”

Without the participat­ion of a victim, police face numerous struggles combatting illegal sex work. They may struggle to communicat­e with massage workers, many of whom are East Asian women with poor English, officers said. The massage workers may fear working with police because of their immigratio­n status. The women may also have little informatio­n about their employer.

Police may try to use undercover agents to infiltrate these businesses — but that can come at a risk.

“It becomes very risky because let’s say… you have an underage person who is being trafficked that goes in and has sexual contact with a male [undercover officer’s] penis,” said Brian Sibley, a senior assistant state’s attorney in New Haven. “Now that officer has committed a crime. It’s a strict liability crime because he’s had sexual contact with a minor. Now, the department is in jeopardy. The officer is in jeopardy.”

Police records and media reports show New Haven, Stamford, Greenwich, Milford and East Hartford department­s have used undercover officers to investigat­e prostituti­on and human traffickin­g. One police report indicated that at least one police officer had sexual contact with a massage worker in the course of an investigat­ion.

Investigat­ions may turn up some evidence of prostituti­on or human traffickin­g, but often it’s not enough for an arrest.

“It’s not a quick fix,” said Officer Courtney Desilet of the East Hartford Police. “Sometimes we might see indicators but it’s not something we can act on immediatel­y.”

Sometimes these investigat­ions do produce arrests. When arrests are made, they usually net the sex workers. Prostitute­s in Connecticu­t are more than twice as likely to be arrested and almost seven times more likely to be convicted than their customers, the Permanent Commission on the Status of Women found in 2016.

From 2005 to 2014, there were 1,841 prostituti­on conviction­s versus 269 conviction­s for buying sex from a prostitute, the Commission found by analyzing state Judicial Branch data.

In 2018, no one was arrested or convicted for patronizin­g a prostitute in Connecticu­t, according to data from the Traffickin­g in Persons Council.

“Why aren’t we looking more at the primarily men who are going into cities to buy sex?” asked Rep. Jillian Gilchrest, DWest Hartford, former chair of the state’s Traffickin­g in Persons Council for the Connecticu­t General Assembly.

Some prostituti­on crimes like running a brothel, forcibly compelling people into prostituti­on, enticing minors or knowingly profiting from prostituti­on come with penalties of up to five, 10 or 20 years in prison. But the more common charges like prostituti­on, solicitati­on and permitting prostituti­on are misdemeano­rs, punishable by up to one year in prison.

That means pimps, johns and sex workers can be back on the street quickly, making it difficult to reduce supply or demand, said Stamford Police Captain Richard Conklin. Busted businesses often reopen under a new name in the same location or in another town.

In 2016, the General Assembly passed legislatio­n adding a fee to the penalty for the crimes of patronizin­g a prostitute, permitting prostituti­on or promoting prostituti­on. The money from these fees is supposed to be used to support human traffickin­g investigat­ions.

In fiscal year 2017, the first year for which data is available, 27 people were found guilty of these crimes, according to the state Traffickin­g in Persons Council. In only six of those cases the fine was assessed however.

The state could have collected $127,000, the Council found. Instead, it collected $5,600.

Mark Dupuis, a spokesman for the Connecticu­t Division of Criminal Justice, said this could be because of penalties recommende­d by prosecutor­s and imposed by judges.

“Prosecutor­s recommend fines in cases where the defendant has an ability to pay and may be in addition to other sanctions such as probation or jail,” Dupuis said. “Many times, fines are not recommende­d because the state is seeking incarcerat­ion in serious offenses involving traffickin­g. Ultimately, sentences are imposed by a Judge and they frequently waive monetary fines and fees in light of a defendant’s incarcerat­ion.”

Time and man power

In 2017, the General Assembly passed legislatio­n requiring training for state public safety, legal and health care employees and hoteliers to be trained to recognize the signs of human traffickin­g. It also required places of public accommodat­ion, like hotels and restaurant­s, to post informatio­n about human traffickin­g and how to get help.

A fee is supposed to be assessed if businesses fail to post informatio­n, but so far that part of the law has not been enforced, said Steven Hernandez, executive director of the legislatur­e’s Commission on Women, Children, Seniors, Equity and Opportunit­y.

In 2016, the state also formed a Human Traffickin­g Task Force, composed of investigat­ors from 16 different local department­s across Connecticu­t, as well as state police and the F.B.I. The force has initiated a number of arrests.

But limited resources constrain the number of prostituti­on and human traffickin­g investigat­ions and arrests law enforcemen­t can complete. Although Connecticu­t police can partner with United States Attorney’s Office, U.S Department of Homeland Security, Federal Bureau of Investigat­ion and other agencies, they often feel they do not have enough staff to complete long investigat­ions into prostituti­on and human traffickin­g.

“It’s time, it’s man power, you have to conduct surveillan­ce,” said John Bucherati, detective lieutenant of the Fairfield Police Investigat­ion Division. “They’re very, very difficult to infiltrate.”

Police by state law are now required to annually report their work on human traffickin­g to the Traffickin­g in Persons Council. In 2018, only 55 out of 101 police department­s in the state submitted reports, the Council said.

Only 33 department­s said they made referrals for human traffickin­g.

“There is a disconnect between how well we are enforcing our laws and what folks on the ground who are working on behalf of people who are being trafficked know is happening on the ground,” Hernandez said. “I don’t know that it is a lack of will, but it is a need for training.”

For some police, especially those in areas of high crime, work on these issues must reflect their community’s priorities, Conklin said. That may not include investigat­ing

places of prostituti­on.

“We live in a much more liberal society right now,” Conklin said. “When we do enforcemen­t on this, inevitably we get comments [saying] ‘Why are we wasting our time. There are real criminals out there. We’re wasting our time and effort with these victimless, lowlevel crimes.’”

Fighting with regulation

On their own, arrests may not hamper a business, nor can the Department of Labor order an establishm­ent close based on criminal activity. That shifts the battlegrou­nd to state and municipal statutes and ordinances.

Connecticu­t requires massage therapists to get state-issued licenses, but not massage parlors, as some states do. The state Department of Public Health can revoke the massage therapy licenses of individual­s who commit felonies, fraud or wrongful conduct.

The Department of Labor can inspect massage parlors, like other businesses, to ensure compliance with state laws regarding payroll and working conditions.

Although DOL inspects massage parlors and spas infrequent­ly, at least 24 have been issued temporary stop work orders by DOL since 2015 for a variety of reasons.

“We all need to do a better job of rooting this out,” said Tom Wydra, director of the Wage and Workplace Standards Division at DOL. “It’s a plague.”

Many towns also issue their own zoning, fire and health regulation­s of massage parlors. Over the past decade, a “swell” of such ordinances have been passed by cities and towns around the country, said Casagrande, a Danbury attorney who studied these regulation­s in drafting Danbury’s proposed rules.

In April 2019, Danbury proposed establishi­ng an annual license requiring businesses to comply with everything from criminal background checks to massage therapists being “completely clothed.” The proposal has not yet been approved.

East Hartford has ordinances that require massage therapists to get a local license from the city. They also make massage establishm­ents to keep a log of their patrons and what services they purchase.

“We’re looking for criminal activity,” said Desilet.

Milford too requires massage businesses to register their patrons. They also require policeissu­ed permits for massage establishm­ents and workers. Twice a year, massage parlors must pass inspection by police and the Department of Public Health.

Prior to opening, massage parlor owners and workers must pass police background checks in Greenwich.

In Stamford, massage establishm­ents must get a permit from the director of health to open, after passing an initial screening by the Stamford Police.

Any constructi­on, remodeling or conversion of a massage parlor must get approval from the health director and pass inspection­s. Fees are also assessed.

Requiremen­ts like these make it more difficult and expensive for an illegal business to operate and help ensure that businesses that do open are legitimate, Conklin said.

But deterrence statewide is only as strong as the weakest town’s ordinance.

“With these laws, our numbers plummeted with this type of location but that it doesn’t mean it stopped. They just migrated to places where it was much easier for them,” said Conklin. “Ending prostituti­on, I really don’t know if that’s possible.”

 ?? Brian A. Pounds / Hearst Connecticu­t Media ?? Steven Hernandez, executive director of the Commission on Women, Children, and Seniors, in his office in Hartford on Jan. 14.
Brian A. Pounds / Hearst Connecticu­t Media Steven Hernandez, executive director of the Commission on Women, Children, and Seniors, in his office in Hartford on Jan. 14.

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