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Board grants continuance in massage‑parlor suspension appeal, limits further delays
Summary
The Board continued an appeal by CEO Health Club of a 90‑day suspension by the Department of Public Health to Jan. 16, 2013, allowing limited additional briefing and warning that no further continuances would be granted.
The Board of Appeals continued an appeal by CEO Health Club (130 Bush St.) of a 90‑day suspension issued by the Department of Public Health to Jan. 16, 2013, after new counsel requested additional time to prepare. Paul Horcher, appearing for the appellant, cited a Health Code provision he said required 20 days’ notice (Section 19.21) and asked for extra time to prepare jurisdictional arguments; Deputy City Attorney Sherry Kaiser urged the Board to deny further delay, calling repeated substitutions of counsel and late filings an effort to evade the city’s enforcement.
The Board granted a one‑time continuance to Jan. 16 and allowed a short supplemental brief from the new counsel (six pages, three Thursdays prior to the hearing), with the department’s response due one Thursday prior. Commissioners emphasized this would be the last continuance granted and expressed concern that postponement could be used to change the business’s regulatory posture under state law.
The continuance preserves the appellant’s right to present new evidence but narrows additional delay by setting strict briefing deadlines.
