Trial to be held over man spotted in Planet Fitness' women's showers
WND
Consumer protection laws.
A trial court in Michigan will consider the argument in a lawsuit against a fitness club that allowed a male who identified as a female to use its changing facilities.
Yvette Cormier sued Planet Fitness in Lansing, Michigan, after she was expelled from the facility and her membership was canceled because she complained of a man in the women’s locker room.
When the club refused to take action, she warned other customers.
The state Supreme Court denied an appeal by the club to dismiss the case, sending it to the trial court.
Represented by the Kallman Legal Group, she is arguing the club violated the Michigan Consumer Protection Act.
Her claim “is based upon her encountering a biological man in the women’s locker room with the permission and approval of Planet Fitness,” the legal team explained. “Its policy permits biologically intact men to have unfettered use of the women’s locker room, including showers, lockers, and all other aspects of the locker room, even if children are present.”
The case alleges that Planet Fitness adopted the policy and then hid it, representing “to her that there were separate locker room, showers, and restroom facilities for man and women when, in fact, there were not.”
“No language in the contract, nor any notices at the gym, alerted M. Cormier to its unwritten policy that defendants allow men who self-identify as women to use the women’s locker room, showers and restrooms,” the team said.
“These representations and lack of notice were a material fact relied upon by Ms. Cormier in deciding to enter into the contract with Planet Fitness. The failure to reveal these material facts to Ms. Cormier were misleading and deceived her.”
She wants damages and a court order that Planet Fitness notify all prospective members of its open-showers policy. That means such a health club could be forced to tell women that they may find naked men in their showers.
David A. Kallman, her lawyer, said: “We are pleased with the Supreme Court’s ruling that will now allow Ms. Cormier to have her day in court. She trusts that a jury will agree that Planet Fitness cannot allow men to enter and use women’s locker rooms, showers and bathrooms without notice to women of such a policy and without regard for the privacy rights of women and children.”
A trial is expected this summer.
It was the second time the state Supreme Court ruled in the case. The first time, the justices reinstated the case after it was dismissed by a lower court.
The second time it rejected Planet Fitness’ attempt to stop the jury trial.
The dispute in Michigan is one of several in which Planet Fitness finds itself.
WND reported the company’s “judgment-free zone” slogan was cited by a member of a Planet Fitness in Plaistow, New Hampshire, who stripped naked and began doing exercises.
Police reported Eric Stagno, 34, of Haverhill, Massachusetts, told them “he thought he was in a ‘Judgement (sic) Free Zone.”
He was arrested on counts of indecent exposure, lewdness and disorderly conduct.
The Leesburg, Florida, Planet Fitness, terminated the membership of a “Mrs. H” because she complained about a man in the women’s changing room.
Liberty Counsel pointed out in a letter to Planet Fitness it was not the only complaint against the man, Jordan Rice. Another woman claimed “he exposed his naked body to her in the woman’s locker room at this location.” In another instance, he argued with a woman over use of the tanning room.
When Mrs. H. encountered Rice in the locker room and asked him to leave, he “smirked back at her, and continued to stare at her, remaining standing in front of the mirror ‘applying makeup,’ where he had a full view of every single woman entering or exiting the shower area.”
Rice later transferred his membership to another Planet Fitness, Liberty Counsel said, but Mrs. H was deprived of her right to use the facilities and was sent a cancellation notice.
Liberty Counsel said Rice, “incredibly,” called police “to falsely report that he had been ‘sexually harassed’ by Mrs. H.”
“He can be heard on his 911 call, following Mrs. H across the parking lot of the establishment, over into the next parking lot, calmly relaying to the dispatcher his and Mrs. H.’s appearances, a description of Mrs. H.’s vehicle, and the direction in which she was headed.”
No police report was filed.
Liberty Counsel also has alleged Planet Fitness “is committing consumer fraud by failing to disclose, and failing to render in writing, policies permitting access of opposite-sex individuals to places where women have a reasonable expectation of privacy.”
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URL to article: http://www.wnd.com/2019/04/trial-to-be-held-over-man-spotted-in-planet-fitness-womens-showers/