Prostitution suspect sues Parachute
Glenwood Springs correspondent
Aspen, CO Colorado
PARACHUTE, Colo. ” The owner of the VIP Spa in Parachute, recently arrested on suspicion of soliciting for prostitution, filed a lawsuit against Parachute and its Town Board saying that the spa’s business license was unjustly taken away.
According to the complaint, the Town Board issued a business license to Yong Sun Fountain for the purpose of opening a massage business on Nov. 6, 2006. At a May 10, 2007, meeting, the board voted to revoke the license following notice and an evidentiary hearing. The purported basis for the vote was Fountain’s allegedly soliciting for prostitution or operating a house of prostitution.
“The board abused its discretion by voting to revoke the business license without any evidence that the plaintiff had actual prior knowledge that any violation of law occurred or was occurring or that the licensed premises had become a public nuisance due to repeated violations of the law,” the complaint states. “The board has exceeded its jurisdiction or abused its discretion.”
Parachute and its Town Board also violated Fountain’s rights under the equal protection clause and the due process clause of the U.S. Constitution and-or the due process clause of the Colorado Constitution, according to the complaint.
Glenwood Springs attorney William Schubert filed the lawsuit on behalf of Fountain. The complaint asks for attorney fees, costs and other relief deemed appropriate by the courts.
Fountain and Soon Hee Kim were arrested April 18 at the crux of an undercover operation by Parachute Police and the Two Rivers Drug Enforcement Team. Fountain and Kim were charged with two counts of unlawful sexual contact and one count of soliciting for prostitution.
According to an arrest affidavit, Fountain greeted an undercover officer and asked him if he wanted a regular massage or a “shower massage.” He opted for the regular. Fountain collected $70 and left him in a massage room. Kim entered and eventually removed the towel the officer was wearing and touched his crotch. The affidavit says she asked “if he liked it and if he wanted everything” while making an up-and-down hand motion.
According to the police report, he said he did and she said it would cost $200.
Two similar arrests were made last year at two Glenwood Springs Asian massage parlors. None of those cases have reached a resolution. One suspect, Hui Jun Mu, has pleaded not guilty and has a trial scheduled in July.
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