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'It's unfair, it's wrong' | Why can some massage parlors reopen and others have to remain closed?

"I’m not sure how you pick one person down the road to open and the next person not to with no explanation. So, I think it's unfair," a Lexington spa owner said.

DAVIDSON COUNTY, N.C. — Several Triad business owners are upset that not all massage spas are being treated equally.

WFMY News 2's Jess Winters talked to two Triad spa owners in Davidson County.

One was told she could reopen with restrictions, and the other was denied 'essential' status and ordered to remain closed by the North Carolina Department of Revenue.

"We have been shut down since March 25, it's now May," Jessica Nance explained.

Nance is the owner of Nature's Cottage Organic Spa in Lexington. 

She said she's tired of the waiting game, so she applied to the Department of Revenue for 'essential' designation.

"The majority of massages we do here are therapeutic. Most are recommended by a doctor," Nance said. "I'm a wartime veteran and a disabled veteran and I use massage therapy instead of modern-day medicine."

A week after applying, she got a denial email.

"I’m not sure how you pick one person down the road to open and the next person not to with no explanation. So I think (it's) unfair, unjust, and wrong are my words for this."

Nance is referring to other spas in Davidson County that were deemed essential, like Synergy Massage and Spa in Thomasville.

"I just want the government and North Carolina to be fair. If you’re going to allow services for one, allow services for all with precautions. We are OK with precautions," Nance said. 

RELATED: State-by-state look at how America is reopening from the coronavirus

A week after the NCDOR approved Synergy, owner Dana Skeen was notified by the state board that her spa could only provide medical massages to clients with prescriptions.

"So I book all these clients, and then a-week-and-a-half into it you're telling me 'Oh, just kidding, you have to have a prescription for a massage,'" Skeen said. 

She said she was 100 percent booked as soon as she was able to reopen but lost about 70 percent of those clients once the prescription restriction came through.

"It's very confusing, it's heartbreaking," Skeen said. 

Denied, or approved with hefty restrictions, both businesses just pray they won't have to close down for good.

"I would hope not," Skeen said with tears in her eyes. 

Skeen said Mother's Day is usually the busiest time of the year for spas, and the financial hit they will take will be significant. 

"Mother's Day gets us through our (slow) summer months and nobody is buying gift certificates," Skeen said.

Many massage parlors would fall under phase two of Governor Roy Cooper's reopening plan. The earliest phase two could start is May 23. 

RELATED: Gov. Cooper unveils 3-part plan to reopen state, extends stay-at-home order through May 8

The NCDOR confirmed to WFMY News 2 that Nature's Cottage Organic Spa was denied, and Synergy Massage and Spa was approved, but a spokesperson said they couldn't get into the specifics of each case. 

Instead, a representative provided us with the following information:

While we cannot speak to the specifics of each situation, business-types listed in Executive Order (120) to be closed (including “massage parlors”) will not be allowed to operate through the North Carolina Department of Revenue (NCDOR) request process. Executive Order 121 allowed “healthcare and public health operations,” including naturopathic healthcare providers, to remain open.  North Carolina Department of Health & Human Services guidance provides that medically-prescribed massage therapy has not been barred by the Governor’s executive orders. Businesses may contact the NCDOR directly with questions or concerns.

Businesses excluded from the list of essential businesses in the Executive Order who believe that they may be essential may direct requests to be included to the NCDOR. In determining whether a business is essential, the NCDOR considers only the criteria established by the Governor’s executive orders and is making decisions on a case-by-case basis.

Essential business determinations issued by the NCDOR do not supersede more restrictive orders issued by a local governmentEven if the NCDOR has determined a business is not barred from operating by Executive Order No. 121, the business may still be required to cease operations if a more restrictive county or municipal order applies. Therefore, the NCDOR strongly recommends that each business owner also refer to any enacted local government order that may apply.

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