Rec Center tanning beds to stay through 2010

The tanning company's claims for $190,000 in damages by MU were denied.

By David Conway

Published Nov. 17, 2009

The legal battle surrounding the tanning beds in the Student Recreation Complex reached its conclusion last week when a judge ruled MU's lease with Tan Time LLC could not be terminated until Dec. 31, 2010.

The court denied Tan Time's claims for damages from MU, one for $32,000 for loss of profits during a temporary closure in August 2008 and another for $158,000 for the loss of money invested in the location at the recreation complex.

In his findings, Circuit Judge Kevin Crane said the temporary closure of The Spa, which is located in the recreation center and operated by Tan Time, in 2008 did not represent a significant loss of profit and the improvements were the cost of doing business.

"The court finds that there is no persuasive evidence to show that the university engaged in any unlawful conduct under the lease that directly and proximately damaged (Tan Time)," court documents stated.

MU lawyer Kelly Mescher said though the decision blocked MU's attempt to terminate Tan Time's lease before 2010, officials were content with the court's ruling.

"While the university would have liked to exercise the option to terminate the lease with Tan Time LLC it believed was provided for in the contract documents, it is willing to let Tan Time operate through the end of 2010 without interruption unless there is a breach of the agreement by Tan Time," Mescher said. "University officials were pleased that the court agreed with the university that Tan Time did not suffer any damage from being closed for one week in August 2008."

Mescher said MU has no plans to appeal the decision, as the lease would most likely expire before any decision was reached through an appellate court.

Representatives for Tan Time could not be reached for comment.

Freshman Camila Remolina said she was aware of the legal efforts to terminate Tan Time's lease but didn't think The Spa should be removed from the recreation center.

"I think it's somebody's choice if they want to tan or not," Remolina said. "Just a couple of miles away there's more tanning salons, so why not have them here?"

Sophomore Alex Denison said though he understands some students' desire to tan, he agrees with the decision to remove the tanning beds from the recreation complex.

"When you've got something like tanning going on in a place that's university owned and supposed to focus on good health, it seems kind of misguided," Denison said. "Why not have a steroid bar while you're at it?"

Mescher said despite the drawn-out legal conflict, she expects the remainder of Tan Time's lease to run smoothly.

"The Rec Services staff has had a good working relationship with Tan Time's staff throughout this lawsuit," Mescher said. "The litigation has not affected the operation of the business and I do not anticipate that there will be any difficulties as the lease continues through 2010."