Florida Bd. of Massage v. Underwood

• Decision Date: 24 March 1950
• Citation: 45 So.2d 184,17 A.L.R.2d 1181
• Parties: FLORIDA BOARD OF MASSAGE et al v. UNDERWOOD.
• Court: Florida Supreme Court

Page 184

45 So.2d 184

17 A.L.R.2d 1181

FLORIDA BOARD OF MASSAGE et al v. UNDERWOOD.

Supreme Court of Florida, Division A.

March 24, 1950.

Richard W. Ervin, Attorney General and Francis C. Millican, Special Assistant Attorney General, for appellants.

Thomas V. Kiernan, St. Petersburg, for appellee.

ROBERTS, Justice.

The question before us on this appeal is the interpretation of the Massage Registration Act of 1943, being Chapter 22034, Laws of Florida, Acts of 1943, as amended by Chapter 23751, Laws of Florida, Acts of 1947, and now appearing as Chapter 480, Florida Statutes 1941, F.S.A. The particular section of the Act which we must interpret is that section defining a 'masseur' or 'masseuse,' being Section 480.01, Florida Statutes 1941, as amended, F.S.A., which section reads as follows: 'As the following subjects and methods of treatments besides study of underlying principles of anatomy and physiology are generally included in a regular course of study by a recognized and accredited school of massage or like institution, viz: The art of body massage, either by hand or with any mechanical or electrical apparatus for the purpose of body massaging, reducing or contouring, the use of oil rubs, salt glows, hot and cold packs, tub, shower, sitz and similar baths, cabinet baths, excluding fever therapy. Therefore under the meaning of this chapter the term 'masseur' or 'masseuse' shall be deemed to be a person who practices, administers or teaches all or any one or more of the above named subjects and methods of treatments.'

The appellee sought a declaratory decree, and other relief, in the court below, alleging that she was engaged in a business which consists of mechanical equipment, electrically operated, being applied to the human body for the sole purpose of slenderizing thereof; that the equipment so used consisted of a hip chair, arm chair, hobby horse, foot table, couch composed of three adjustable panels, and a cushion; that the equipment does not massage the human body, but sets up or causes a gentle vibration to the human body; that there is no massage of the human body by hand, nor does her business involve the use of oil rubs, salt glows, but or cold packs, tub, shower, sitz or similar baths, or cabinet baths, nor any disrobing of the customer, nor the use of towels, except paper towels for the head rest on the couch and on the platform of the foot table.

The Chancellor, after hearing the evidence of the parties and viewing the operation of the mechanical equipment used in appellee's business, entered his final decree, in which he found that the term 'massage' has a well-defined meaning; that the generally accepted meaning of the...