Posted by: Patricia Salkin | July 6, 2019

NY Appellate Court Dismisses Challenge to Regulations on Massage Establishments Based on Lack of Standing

This post was authored by Amy Lavine, Esq.

A lawsuit challenging new regulations on massage establishments in the Town of Greenburgh was dismissed last week by a New York appellate court. The lawsuit claimed that the regulations were preempted by state law and that their enactment violated the State Environmental Quality Review Act as well as the Open Meetings Law. But the court agreed with the town that the petitioners, who included the American Massage Therapy Association and a licensed massage therapist with a solo practice, lacked standing to bring their claims. As the court explained, the licensed massage therapist was unable to establish any injury because the new regulations exempted solo practitioners and therefore were inapplicable to him. The American Massage Therapy Association also failed to establish organizational standing due to a lack of evidence demonstrating that any of its members would have standing to sue.

 

Matter of American Massage Therapy Assn. v Town of Greenburgh, 2019 NY Slip Op 04934 (2d Dept. 6/19/19).


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

Categories

%d bloggers like this: