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Committee adopts amendments to massage‑permit overhaul; advocates warn measures could harm workers

San Francisco Board of Supervisors Land Use and Transportation Committee · October 15, 2018
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Summary

San Francisco’s committee advanced health‑code changes to align local massage regulation with state oversight, add background checks and enforcement, and inserted an exception protecting trafficking victims whose convictions were vacated; multiple community speakers said the rules could push workers underground and urged more resources and decriminalization.

The Land Use and Transportation Committee on Oct. 15 advanced an amendment package to a Department of Public Health ordinance that significantly revises how the city permits and regulates massage establishments and practitioners.

The measure, sponsored by Supervisor Katie Tang on behalf of DPH, deletes local practitioner certification when the state California Massage Therapy Council becomes the primary regulator, clarifies director hearing procedures and transfer‑of‑ownership rules, requires background checks and authorizes enhanced enforcement by the city attorney for illegitimate establishments. A portion of the legislation also places responsibility for compliance on the business permit holder while directing DPH to expand assistance programs for practitioners who may be victims.

Key amendment: Tang and committee members inserted language that would allow the director of public health to deny a business permit to an applicant with a conviction related to prostitution or solicitation unless the conviction had been vacated based on a showing that the individual was a victim of human trafficking. The change was presented as an explicit protection for trafficking victims and as an attempt to avoid re‑punishing victims.

Public comments and concerns: Several community speakers — including representatives of Saint James Infirmary and advocacy groups for sex workers — opposed the ordinance or urged caution. Speakers warned the new regulatory powers could intensify enforcement against vulnerable, often immigrant practitioners, drive operations underground and reduce workers’ access to health and safety resources. They called for more support services and said blanket record‑based exclusions could deepen poverty and increase vulnerability.

Disposition: Committee adopted the stated amendments and forwarded the amended ordinance to the full board with a recommendation.

Next steps: The ordinance will be considered by the full Board of Supervisors. Sponsors and DPH said they intend to continue outreach and to expand supportive programming for practitioners who may require social services.