Student Recreation Complex wants to shut down The Spa

The Student Recreation Complex wants to close The Spa because of the negative effects of tanning.

By John Henry

Published Sept. 18, 2008

A legal battle is brewing over whether tanning beds, which are commonly linked to skin cancer, will be allowed to stay at the Student Recreation Complex.

In May, MU informed Tan Time LLC, operators of "The Spa," that their services would no longer be needed by the complex because of the health threat their tanning beds represent.

But Tan Time owners Randy Dawson and Terry Wilson have refused to shut down The Spa, citing a provision in their contract stating the university cannot ask them to leave until Dec. 31, 2010.

Kelly Mescher, a lawyer representing MU, said the disagreement is a case of contract interpretation. She said the university has the right to opt out of the contract.

"We just gave them notice we were terminating the contract in accordance with the provisions of the contract," Mescher said.

Displeased with the university's decision to close The Spa, Tan Time obtained a temporary restraining order against the university in the summer. However, the restraining order, which allowed Tan Time to continue operating The Spa, has come under scrutiny itself.

Tan Time's lawyer Thomas Schneider said in accordance with a past ruling from the St. Louis Court of Appeals, MU has exercised its right to look for a new judge to preside over the restraining order case.

"I think that is a ludicrous ruling personally," Schneider said. "You should not be able to judge-shop after the preliminary ruling."

Schneider said his client would suffer a significant financial loss if The Spa were closed down. He said Tan Time's owners spent about $250,000 renovating the space where The Spa is located within the recreation center.

"At least Tan Time are entitled to recoup the value or benefit conferred from the university because in fact Tan Time rebuilt part of the Student Recreation Complex for them and they cannot take it with them," Schneider said.

Dermatologist Nicholas Golda said he was pleased with the university's efforts to stop the use of tanning beds. He said the link between skin cancer and tanning beds is well known among the medical community.

"I think it is good that the school not sponsor something that is a known carcinogen," Golda said.

Despite the concern about student health, Golda said that to his knowledge, no one actually consulted the department of dermatology about the use of tanning beds when the The Spa first opened. Schneider said his client also was not originally told of the university having any hesitance about health concerns at that time.

Nonetheless, Schneider said Tan Time has no plans to change its business plan to appease MU because it would be too harmful for Tan Time's business.

"If tanning could be done without ultraviolet light exposure, they would find it acceptable," Schneider said. "But the only other way you can do tanning is with some type of spray, which no one wants to use."

Because of Tan Time's unwillingness to get rid of its tanning beds, Mescher said MU is ready to continue its case with Tan Time.