Lawsuit: Spa patrons illegally recorded in prostitution sting

Sting allegedly involved Patriots owner Kraft

By Emanuella Grinberg, CNN
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Orchids of Asia Day Spa in Jupiter, Florida

A class action lawsuit accuses authorities of illegally videotaping customers getting massages at the same Florida spa where New England Patriots owner Robert Kraft and others allegedly paid for sexual services.

The lawsuit was filed on behalf of an unidentified John Doe who was not charged with a crime for patronizing the Orchids of Asia Day Spa from January 18 to 22, while surveillance cameras were rolling inside the spa.

The lawsuit argues that State Attorney Dave Aronberg, the Jupiter Police Department and one of its detectives violated the constitutional rights of those patrons, who did not consent to the recordings and had a reasonable expectation of privacy at the spa.

CNN has reached out to the defendants.

The recordings have become a key point of contention in the case, with both defendants and spa patrons who were not charged with crimes trying to prevent their release.

The class action lawsuit specifically accuses the defendants of violating the patrons' rights to privacy, due process and protection from search and seizure.

The lawsuit seeks class certification so it can include others like Doe, who are not accused of illegal activity but fear they could be identified should the tapes get released.

In addition to seeking an unspecified amount in monetary damages, the lawsuit asks the court to block the defendants from releasing the recordings or any other evidence from them.

Kraft and other defendants pleaded not guilty to misdemeanor charges based on what authorities describe as evidence collected from the recordings and other surveillance methods.

Kraft's lawyers maintain that releasing the video would violate his constitutional rights and reduce his chances of having a fair trial.

A judge temporarily blocked the release of the video last week in response to an emergency motion filed by Kraft's lawyers in the case of the two women who ran the spa.

Kraft's lawyers also claim that someone is attempting to sell video that shows him at the spa.

The class action lawsuit accuses the defendants of either recklessly allowing an employee to steal or attempt to sell the video, or intentionally trying to release the video to force a plea deal from the defendants.

CORRECTION: A previous version of this story misstated Robert Kraft's first name.

CNN's Jamiel Lynch contributed to this report.

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