Massage Envy salon Hamilton Place says it should not be held liable for the actions of massagist Kenneth Lebron Spears, who allegedly filmed "many" female clients, including staff personnel, dressing and undressing.
Goodyear Enterprises, doing business as Massage Envy, said the first the salon knew of the allegations was Sept. 23, 2024, when a female client raised the issue.
The answer to a Circuit Court lawsuit filed earlier by a woman client says Spears was confronted about the allegation the same day, and he admitted that he had created a video of the woman.
Massage Envy says that same day Spears was fired and was reported to the police and to the Tennessee Massage Licensure Board.
The salon said the Licensure Board conducted an investigation and found that Spears had inappropriately filmed the woman while dressing or undressing and attempted to video another woman three days earlier.
A suspension order against Spears was issued on Jan. 10. He had been at Massage Envy for five years.
Massage Envy said Spears told of the filming of the woman who came forward and of a second case, though he refused to divulge the second woman's identity.
The answer says on Jan. 21 that Massage Envy "learned for the first time that Spears had apparently videoed many more people dressing or undressing."
It says Chattanooga Police asked the salon to assist in identifying people in videos and not publicly disclosing the existence of the additional videos, including to people who might be in the videos.
Massage Envy officials said they spent hours answering questions posed by the police over a period of more than two months and allowing the police to make first contact with persons suspected of appearing in the videos.
The answer says, "The news that Spears had apparently engaged in this conduct was shocking to the defendants for a number of reasons" including the fact he had had no prior disciplinary issues, he had a clean background check, and he being married and holding prominent positions in his church, including working with the children's department.
It was also noted that Spears was "a highly requested massage therapist, with a number of his clients being referrals from other of his clients."
The answer says there are multiple signs at the salon and annual training reminding therapists that cell phones are not allowed in treatment rooms and that videos and pictures are prohibited.
Massage Envy said Spears would place his cell phone visible in a large mesh bag outside the treatment room, but he apparently used a second cell phone for the filming.
The answer also says three of the people who were videoed were Massage Envy Hamilton Place employees. Massage Envy supervisor Brooke Goodyear was one of his clients, though apparently not videoed, it was stated.
The complaint, filed by attorney Robin Flores, seeks $250,000 compensatory damages and $500,000 punitive damages.