COLORADO SPRINGS, Colo. (KRDO) -- Two massage parlors owned by a man accused of keeping a house of prostitution appear to be closed after an encounter with KRDO last week.
Xinan Xia, 55, appears to have closed Rose Spa or Energy Day Spa. However, last Thursday Xia briefly reopened the spas after bailing out of jail on charges of keeping a house of prostitution, pimping, and money laundering.
The doors were locked, lights off at Rose Spa and Energy Day Spa and the massage parlors didn't answer multiple phone calls on Monday.
13 Investigates discovered the apparent closures aren't from official action by the Colorado Springs Police Department. Although, an attorney who previously worked in the 4th Judicial District Attorney's Office says the city of Colorado Springs could use its public nuisance ordinance to prevent the spas from operating.
"There are ordinances including this one in Colorado Springs -- which the city can use to try and shut these places down. Especially places of prostitution, in fact ... it's the number one thing on that ordinance when you're going through it. Places of prostitution, pimping, so on and so forth." said Ryan Robertson.
That ordinance allows the city to stop a business from operating after two instances of prostitution and pimping, and it doesn't require a criminal conviction.
However, 13 Investigates found the city has never actually enforced the public nuisance ordinance. A spokesperson for the city said there was a voluntary abatement case in 2004 pursuant to the ordinance, but that matter was apparently resolved before a public nuisance complaint was filed.
Mayor John Suther's office told 13 Investigates last week that using the public nuisance ordinance was a long and complex process that requires due process and everyone is innocent until proven guilty.
Robertson did acknowledge that the public nuisance process could be lengthy but said there are several ways to attempt to shut down the massage parlors.
"They absolutely can. And conversely, from the criminal side, you could seize civil forfeiture actions against a lot of these spas as well, where a lot of the proceeds and profits so on and so forth can also be seized by the state in an effort to try and shut down that portion as well. So, there's multiple avenues both criminally and civilly for the city, for the 4th judicial district, and frankly for the state to move forward and try and knock this down," Robertson explained.
While it appears the Colorado Springs Police Department investigation was mostly centered around Rose Spa, investigators wrote in an arrest affidavit that they discovered sexually explicit online reviews from Xia's other massage parlor, Energy Day Spa, as recently as 2019. Vice investigators also noted that one of the women working at Energy Day previously had been involved in prostitution at Rose Spa and lived in an apartment paid for by Xia.
13 Investigates reached out to the property manager Niebur Development who owns the building where Energy Day Spa is located, of the recent charges against Xia.
The property manager said they don't want tenants of this nature and are looking at their options. They added their hands are tied at the moment because they have no legal rights to evict Xia just based on the history of online sexually explicit reviews at Energy Day Spa, adding that they need undeniable proof of wrongdoing going on inside.
Editors note: Story updated Jan. 10 to clarify police records related to Energy Day Spa and the property manager of Energy Day Spa's comments.