Aaron D'Andrea

Toronto stops enforcing bylaw prohibiting locked doors in massage parlours

Decision is welcome news for advocacy group

The City of Toronto has paused the enforcement of a bylaw regulation that prohibits rooms where body rubs are performed from being locked, toronto.com has learned.

It is welcome news for an advocacy group, which seeks protection for massage parlour workers, the majority of whom are Asian and are subject to racism and violence, said Elene Lam, executive director of Butterfly Asian and Migrant Sex Workers Network.

Today, workers are "very stressed" given the rise of anti-Asian racism during the COVID-19 pandemic, and the recent massage parlour shootings in Atlanta, Ga.

"Everyone in Canada really is struggling from low income, being locked down and feeling isolated," said Lam, whose group provides support to, and advocates for, the rights of Asian and migrant sex workers. "But they have an extra layer of struggle."

The city stopped enforcing the locked door bylaw on Aug. 28.

"Through ongoing engagement with the industry, the city has heard concerns related to health and safety issues and fears among workers surrounding the locked-door provision," said spokesperson Deborah Blackstone, in an email.

"Recognizing the importance of their concerns, Municipal Licensing and Standards has suspended the enforcement of the relevant sections of the bylaw."

The issue of locked doors in body rub parlours was brought up following the murder of Ashley Noell Arzaga at a North York spa last year. With a lock, workers could screen clients and see if they have weapons, Lam previously said, adding it could also help spas create lockdown protocols.

At the time, the city was conducting a review to modernize regulations and enhance safety in massage parlours. A report was due this year, but it has since been delayed.

Staff will have more information on its due date later this year.

"Due to the COVID-19 pandemic and competing priorities, as well as a need for further stakeholder consultation, at this time the report is not scheduled in 2021," Blackstone said. "Until this report is complete, suspension of the enforcement of the locked-door regulations will remain in effect."

The city deserves acknowledgement for its decision to no longer enforce the locked door bylaw, and for changing its approach on how it manages body rub parlours, Lam stated.

However, there needs to be more improvement, especially with today's climate, she added.

"Even before the pandemic, workers were already facing a lot of violence," Lam said. "During the pandemic, many people are struggling with finances, and the massage parlours and sex industry has become the target of violence."

Now, workers face two fears: getting harmed in the workplace and getting COVID-19.

"Many workers have lost their support systems," Lam said. "They have clients or people who can help them; but now, with the pandemic, it has made them more isolated, and it's more difficult to get the supports."

One thing Lam wants the city to address soon is the screening criteria for licence renewal.

She said some workers and business owners have had their applications denied based off prior tickets, which were issued at a time when "excessive investigations" were the norm.

"They have changed their enforcement practice, but the impact is still there," Lam said. "The impact is the result of excessive investigations, and with COVID-19 we need the jobs, and we need the business."

Rejected applicants can appeal the decision to the Toronto Licensing Tribunal, said spokesperson Lyne Kyle, adding the city remains "committed to effecting positive change" in the sector.

"The direction to city staff to waive bylaw requirements related to previous fines would need to come from Toronto City Council," Kyle said. "As mentioned above, members of the industry will be invited to provide their feedback as part of the review."

After spending years advocating for change, Lam hopes the city's report includes positive recommendations.

"We really want them to change their approach," she said. "The bylaws should facilitate the business, and the bylaws should protect the safety of the worker."