No you cannot argue that, unless you want to go to jail. The police can arrest and prosecute some locations and not others. What you are referring to is "selective prosecution" and is almost impossible to prove as a constitutional violation. Unlicensed massage in NY is a FELONY - not just a misdemeanor (which is a lower level crime) While not everyone who is charged with this goes to jail, if you get convicted it may be a deportable offense if you are not a citizen. If you are a citizen a felony can make your life difficult if you try to get credit or a new job or a license of any kind. Many times it can be reduced to a non-criminal offense. You should advertise for "a body rub" and not a massage andthat may help.