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A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 09-01-2019, 12:49 PM   #16
SweetCougar
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shared with me by a friend that is a licensed massage person.



Yes, instead of targeting the extremely obvious unlicensed fakes running “foot spas” and “Asian massage” and “feather touch” offerings cloaking prostitution and checking them for proper licensing, insurance, and criminal histories, let’s treat all law-abiding legitimate professional massage therapists and employers as criminals and demand they now not only display photos but provide their fingerprints!
All under the very dubious guise of “preventing human trafficking”.
But like all poorly-thought-out “do something!” laws, the costs and penalties target and affect only the lawful, who of course must comply or lose the profession they have devoted their lives and health to, and criminals will continue to flout existing background check, photo and licensing laws and this new fingerprint law alike.
Criminalizing the law-abiding never helps the victims, TDLR. Shame on you.
Texas Department of Criminal Justice
—-
“Effective September 1, 2019, all massage therapist and establishment owner applicants (including renewals) must have successfully passed a criminal history background check to be eligible for licensing.
All applicants (including establishment owners) must submit fingerprints for national criminal history record review. The applicant will pay all fees associated with the review to the fingerprinting vendor used by the Texas Department of Public Safety.
Once TDLR receives your completed application, we will email you with instructions on how to schedule an appointment to be fingerprinted. Please be sure that your email address is current and legible so that we can send you the fingerprinting information.”
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Old 09-01-2019, 01:06 PM   #17
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Quote:
Originally Posted by SweetCougar View Post
shared with me by a friend that is a licensed massage person.



Yes, instead of targeting the extremely obvious unlicensed fakes running “foot spas” and “Asian massage” and “feather touch” offerings cloaking prostitution and checking them for proper licensing, insurance, and criminal histories, let’s treat all law-abiding legitimate professional massage therapists and employers as criminals and demand they now not only display photos but provide their fingerprints!
All under the very dubious guise of “preventing human trafficking”.
But like all poorly-thought-out “do something!” laws, the costs and penalties target and affect only the lawful, who of course must comply or lose the profession they have devoted their lives and health to, and criminals will continue to flout existing background check, photo and licensing laws and this new fingerprint law alike.
Criminalizing the law-abiding never helps the victims, TDLR. Shame on you.
Texas Department of Criminal Justice
—-
“Effective September 1, 2019, all massage therapist and establishment owner applicants (including renewals) must have successfully passed a criminal history background check to be eligible for licensing.
All applicants (including establishment owners) must submit fingerprints for national criminal history record review. The applicant will pay all fees associated with the review to the fingerprinting vendor used by the Texas Department of Public Safety.
Once TDLR receives your completed application, we will email you with instructions on how to schedule an appointment to be fingerprinted. Please be sure that your email address is current and legible so that we can send you the fingerprinting information.”
Holy faaaaak. I'd like to say that is "unbelievable"...but it ain't.

And I want to emphasize a quote from the above:

"like all poorly-thought-out “do something!” laws, the costs and penalties target and affect only the lawful... Criminalizing the law-abiding never helps the victims..."


Beautifully said!

I'm gonna use this one when I "debate" others about the current trend to "do something!" about gun laws.

That may seem off topic for this thread, but I think it emblamatic of what is going on in this country, i.e. the idea to go for a "feels good!" legislative fix rather than try to fix the societal problems that are creating these situations.

My heart goes out to all Texans for the recent string of bad mass shooting crimes you have experienced. But PLEASE....don't fall for the wave of Democratic presidential candidates who are taking advantage of these tragedies to promote their gun-hating agendas. Cuz the rest of your civil liberties ain't far behind.

A criminal background check to get a massage license? REALLY?! Again, I'm tempted to say "you gotta be fucking kidding me." But I know these assholes are dead serious.

.
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Old 09-01-2019, 01:54 PM   #18
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You have always had to a criminal background check for a massage license.
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Old 09-02-2019, 10:42 AM   #19
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So if y'all didn't notice yet....all Ads are down. With no announcement from site management, so far. But ya gotta wonder...is it because of this????? And if so, how long before the whole site is shut down?

I'm not trying to start rumors or any kind of panic. But these folks have gone to ground before. Might very well happen again.

.
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Old 09-02-2019, 12:44 PM   #20
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Quote:
Originally Posted by SweetCougar View Post
“Effective September 1, 2019, all massage therapist and establishment owner applicants (including renewals) must have successfully passed a criminal history background check to be eligible for licensing.
All applicants (including establishment owners) must submit fingerprints for national criminal history record review.
Quote:
Originally Posted by CurvyKatie View Post
You have always had to a criminal background check for a massage license.
Katie, please reconcile your statement with SweetCougar's above.. is the fingerprinting "new", on top of the already existing background check?

by the way, the whole trafficking issue is demagogued to Hell. nail salons are required to post trafficking hotline numbers on their shop window.. Airports have huge signs asking to report suspected traffickers.. and by the way the signs have Asian girls displayed, and nail salons are overwhelmingly Asian owned.. stereotype much?

add the fact that Spa Ladies get Visas to come here from Homeland Security! presumably they did a thorough background and fingerprint screening. the Spas operate under local jurisdictions. get business licenses, operate in plain, open sight. where has Law Enforcement been, if the Spas are deemed illegal in some way?
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Old 09-02-2019, 03:10 PM   #21
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The new law says EVEN LICENSED LEGIT RMT MUST BE FINGERPRINTED.

Read the law, I copied it and pasted it from a RMT that does not do hobby massage. She was
livid because it infringes on her as a legit RMT.
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Old 09-02-2019, 03:13 PM   #22
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Quote:
Originally Posted by SweetCougar View Post
shared with me by a friend that is a licensed massage person.



Yes, instead of targeting the extremely obvious unlicensed fakes running “foot spas” and “Asian massage” and “feather touch” offerings cloaking prostitution and checking them for proper licensing, insurance, and criminal histories, let’s treat all law-abiding legitimate professional massage therapists and employers as criminals and demand they now not only display photos but provide their fingerprints!
All under the very dubious guise of “preventing human trafficking”.
But like all poorly-thought-out “do something!” laws, the costs and penalties target and affect only the lawful, who of course must comply or lose the profession they have devoted their lives and health to, and criminals will continue to flout existing background check, photo and licensing laws and this new fingerprint law alike.
Criminalizing the law-abiding never helps the victims, TDLR. Shame on you.
Texas Department of Criminal Justice
—-
“Effective September 1, 2019, all massage therapist and establishment owner applicants (including renewals) must have successfully passed a criminal history background check to be eligible for licensing.
All applicants (including establishment owners) must submit fingerprints for national criminal history record review. The applicant will pay all fees associated with the review to the fingerprinting vendor used by the Texas Department of Public Safety.
Once TDLR receives your completed application, we will email you with instructions on how to schedule an appointment to be fingerprinted. Please be sure that your email address is current and legible so that we can send you the fingerprinting information.”

READ THE LAW AS IT WAS WRITTEN.
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Old 09-02-2019, 03:14 PM   #23
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Yes the finger print law is effective 9-1-19.
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Old 09-02-2019, 03:16 PM   #24
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RMT's are in private situations with naked people. This law is designed to keep registered sex offenders from being RMTs.

I can't believe they haven't done this before. Lawyers, Lyft Drivers, Census Takers, all have to have the same type of background check. WHy not RMTs?
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Old 09-02-2019, 04:04 PM   #25
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They have never had to be FINGERPRINTED before.
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Old 09-02-2019, 04:28 PM   #26
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Fingerprinting is the best way to do a comprehensive national background search. They are not fingerprinting them like they are being arrested. Do you understand that?

It's for a background check and it's something that I can't believe they are just now doing.

I for one don't want some registered sex offender from another state or some dude who just got paroled for armed robbery rubbing up on my naked thighs in a dimly lit private room.
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Old 09-02-2019, 05:52 PM   #27
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They have always done criminal background checks for RMTs.

ALWAYS.

Fingerprints are just a more thorough check and I don't see what the issue is since background checks have always been done.

You cannot get a license without one, as they do not allow sex offenders.

Trust me I know this from experience.

As a matter a fact, I support it as I heard a story from a "friend" once how a shop she worked for obtained her license and made a copy and placed it on the wall. She received a call from the state and was ask why her license was posted on the wall of a shop long after she had left. She told the state she did not work there. The state must have only believed her due to other fake licenses on display. Those shenanigans could have lost her her license.

I don't see how fingerprinting anyone infringes on their rights if they have a clean criminal background, as they are supposed to in order to maintain an RMT license?
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Old 09-02-2019, 06:23 PM   #28
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Nurses, teachers, real estate agents any one with a license in the state of Texas has had to do fingerprints for the Feds to renew our license for 10 or so years. I have no issue with that. Before many were using fake license.
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Old 09-03-2019, 07:31 AM   #29
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Add CDL HazMat license holder to that list. Think about it, They already have your thumb print in the data base. They capture that when you get your license renewed!! They do not finger print Lyft or Uber drivers due to deregulation but that was the big hangup in Austin a few years back and Uber and Lyft stopped doing business there.

The Cab companies lobbied to make that happen and they deregulated all of it so now you can Uber and Lyft statewide instead of just an area. Getting your CHL will require fingerprints..

Big Brother will be able to catch you if you go on rampage.
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Old 09-04-2019, 12:12 AM   #30
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Quote:
Originally Posted by rooster View Post
Here is the most cogent summary of what these laws mean:

"Right out of the gate, we know these new laws will not have any judicial analysis. Texas criminal defense lawyers need to be aware that aggressive prosecutors may push past the edge of the envelope in these situations. Appeals will be filed after convictions based upon these statutes."

It is really disappointing how much the legal and business community have come to rely on this tactic. Charge someone first (or sue them, if this is the business world) and cause them to spend unsustainable amounts of time, money, and hassle in the hopes that it drives them out of business before they even GET to appeal.

LE has bottomless pockets compared to the folks who will really be victimized by these laws, i.e. consenting adults who ain't hurting (or trafficking!) anyone.

Your rights are eroding on a daily basis right in front of your face, folks. Free speech (TRULY free speech!), your gun rights, due process....all going down the tubes. And we are letting it happen. Poor ol' George Orwell is spinning in his grave like a muthefukker.....

(the above is a repost of a reply I in a thread about this in the Upstate NY forum; my apologies for anyone reading this twice)

.
This is what happens when you have bible thumping Repubgnats in charge.
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