Sexual Assault Lawsuit: Mom Sues Massage Envy Over Background Check

GENEVA, IL — A Geneva mother and athlete filed a lawsuit against Massage Envy after a former massage therapist at a suburban location pleaded guilty to sexually assaulting her during a therapeutic massage in 2020.

The 37-count, 78-page complaint was filed Nov. 30 with the Cook County Circuit Court. Christine Schirtzinger is suing Massage Envy, former masseuse James "Rob" Garrett, and the owner and manager of the spa's Geneva Commons location.

The accusations stem from Dec. 12, 2020, when Schirtzinger, 51, went to Massage Envy at 116 Commons Drive, for her scheduled two-hour massage with the masseuse she had been seeing for four years, according to a Geneva police report. An Ironman triathlete, she relied on massage therapy to enable her to continue training and competing, according to a news release.

During the massage, the masseuse, 41, touched her inappropriately several times, police said. After she told him to stop, he did and asked if he could massage her shoulders, which he did until the scheduled time was up, according to the report.

According to the lawsuit, Garrett, whose clientele was mostly female, was known for "utilizing massage techniques that other massage therapists did not."

Schirtzinger reported the assault to Geneva police, and Garrett was charged in December 2020 with multiple counts of felony criminal sexual assault. Garrett pleaded guilty in March 2022 to a reduced misdemeanor charge of attempted criminal sexual abuse. He was sentenced to 24 months of probation, plus fines, along with being banned from working as a massage therapist, according to the lawsuit.

Unbeknownst to Schirtzinger, Garrett had a previous criminal record, according to the lawsuit. In 2003, he was arrested for falsifying a police report of theft and charged with multiple felonies. Later that year, he pled guilty to a felony for theft. He was also accused of a sex offense in 2006, according to the lawsuit.

If Massage Envy conducted proper background checks and provided adequate supervision and training, the lawsuit claims, Schirtzinger would not have been sexually assaulted.

"I only agreed to the plea deal on a lesser charge because I thought this was a first-time offense," Schirtzinger said in a statement. "When I later found out about his criminal past, I was outraged. Massage Envy violated my trust by putting me alone in a room in my underwear in a highly vulnerable position with a convicted felon with a questionable past. Before I was assaulted, I assumed Massage Envy was a reputable place. That Massage Envy was so careless with my safety and the safety of other patrons is a huge betrayal."

According to Schirtzinger's lawyers, the man inappropriately touched at least one other patron.

"Massage Envy must be held accountable as well as the massage therapist because this was 100 percent preventable," Margaret Battersby Black, Levin & Perconti managing partner, said in a statement. "Had Massage Envy done a proper background check, Garrett would not have been hired as a massage therapist. Had Massage Envy supervised their employees closely, Garret’s improper conduct would have been detected and Christine would not have been assaulted."

She continued: "Since massage is such an intimate service, Massage Envy and others in the industry have an even greater responsibility to make sure their patrons are safe and that their massage therapists are performing their duties in a professional manner."

Garrett voluntarily resigned from Massage Envy as well as a second job as a massage therapist at a different spa after Schirtzinger reported him, according to reports from the Chicago Tribune. His license was not revoked until last month, according to Illinois Department of Financial and Professional Regulation records.

In a statement to Patch, a Massage Envy spokesperson said the company is "committed to promoting a safe environment for members, guests and service providers" at each of its locations and encouraged anyone "who experiences anything other than a safe, quality massage to report it immediately to the franchised location so that it can be investigated."

Asked about the recent lawsuit, the spokesperson said, "We cannot comment on pending allegations or litigation involving any independently owned and operated franchised location."

Schirtzinger's sexual assault accusation is not the first at a Massage Envy location in Illinois. In 2017, several Illinois women and at least one man were among nearly 200 people to come forward with accusations against the chain, Patch reported. In some incidents, the claims have led to arrests and, in at least one instance, a suburban massage therapist pleaded guilty to battery after a woman accused him of groping her breasts during a session at a Naperville Massage Envy.

In September 2014, a massage therapist at an Elmhurst Massage Envy location, 191 S. Route 83, was arrested for battery after police said he touched a client's crotch. Two years later, in December 2016, a customer sued the Tinley Park Massage Envy, 7270 W. 191st St., accusing a therapist there of touching her inappropriately.

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