Don Seok Rhee v. City of Los Angeles

MEMORANDUM ***

Appellants applied for a permit to operate an acupressure business in Los Angeles. Because their proposed business fell within the definition of a “massage parlor,” and the Los Angeles Municipal Code (“LAMC”) prohibits the operation of a “massage parlor” within 500 feet of residentially zoned property, see LAMC § 12.70, the application was denied. Appellants do not contest the fact that their proposed business location is within 500 feet of residentially zoned property. Nor do they contend that their business should not be considered a “massage parlor.” Nevertheless, they sued the City of Los Angeles under 42 U.S.C. § 1983 , arguing that due process requires that they be provided a hearing to plead their case.

Appellants’ proposed acupressure business clearly falls within the LAMC’s definition of “massage therapy,” which includes “any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body with the hands or other parts of the body, or any other type system for treating or manipulating the human body.” LAMC § 103.205(3)(a) (emphases added). Appellants’ permit application, therefore,…