Chattanooga Massage Envy franchisee asks out of lawsuit - Chattanooga Times Free Press

[David Floyd]

The owner of a Massage Envy franchise at Hamilton Place is seeking to remove herself from a lawsuit that aims to hold her and her business liable after a now-fired employee allegedly filmed female clients undressing.

Brooke Goodyear immediately fired the employee, Kenneth Spears, after learning Sept. 23 that he had allegedly taken video of a client, according to a statement Thursday from the business. Goodyear confronted Spears, and he admitted to creating the video, the statement said. She also reported Spears to the Tennessee Massage Licensure Board, which revoked his license, and the Chattanooga Police Department.

(READ MORE: Former Massage Envy employee in Chattanooga accused of secretly filming clients)

In January, law enforcement said there were more than two videos and sought Goodyear's assistance, according to the business.

Officers asked Goodyear to identify people in videos by cross referencing cell phone data stamps with appointment times. They also asked the franchisee not to publicly disclose the existence of additional videos, including the identity of those on the recordings. Goodyear complied with the Chattanooga Police Department's requests throughout the investigation, the business said.

"Kenneth Spears was licensed by the state of Tennessee," the statement said. "No criminal issues showed up in his initial and annual background checks, and no known disciplinary actions had ever been reported on his record. The married defendant held prominent positions in his church, including work with the children's ministry. He was a highly requested therapist at the spa with a number of his clients coming as referrals from other clients."

Conditions of his employment included annual training, which noted cell phones and electronic devices are banned in treatment rooms, and videos and photography are prohibited, the statement said. Spears signed documents acknowledging those rules as a condition of his employment, the business said.

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"Brooke Goodyear not only followed state regulations, licensing requirements and rigorous training methods but also took swift and immediate action when the abhorrent actions of Mr. Spears were made known," the statement said.

The plaintiff, Cierra Davenport, is suing Massage Envy at Hamilton Place, Goodyear and Spears in Hamilton County Circuit Court. The complaint alleges Spears recorded as many as 80 victims, including Davenport. Goodyear is asking the court to dismiss the complaint against herself and her company, Goodyear Enterprises.

(READ MORE: Massage Envy employee alleged to have secretly filmed clients. Victim files suit)

Spears allegedly recorded Davenport in May 2024. He was not reported to law enforcement until after another client found Spears' phone propped up in a corner while she was undressing and discovered the recording, according to the lawsuit.

The suit claims that because Spears' misconduct occurred over a substantial period of time, Goodyear should have known the conduct was occurring and neglected to stop it until after the incident was reported to authorities.

The suit alleges negligence, stating Spears violated Davenport's privacy and the business failed to ensure a safe and private environment. She is seeking $750,000 in damages.

Spears' practitioner profile with the Tennessee Board of Massage Licensure shows that his license was revoked after he was first reported and given a $1,000 civil penalty.

Contact David Floyd at dfloyd@timesfreepress.com or 423-757-6249.