Posted on 10/28/2004 9:24:19 AM PDT by Tamar1973
In a case that could affect women's health clubs across California, the state filed a lawsuit accusing a Petaluma women's fitness center of sex discrimination.
The lawsuit in Sonoma County Superior Court alleges Elan Fitness Center fails to provide "full and equal accommodations" for men, in violation of the state's civil rights law.
The suit stems from a discrimination complaint filed last year by a Santa Rosa man who said he was discouraged from joining the fitness club.
The state Department of Fair Employment and Housing said Phillip Kottle was the victim of discrimination because of his gender . The department is seeking a court order requiring Elan Fitness to provide equal services and facilities for men.
The case could test a 1995 state Supreme Court decision that limits the ability of private organizations to discriminate on the basis of sex or race.
The ruling said private clubs that operate as businesses are subject to state laws that prohibit discrimination.
Albert Cordova, attorney for Elan Fitness, said the Sonoma County case could affect large chains of women's health clubs, a growing niche in the multimillion-dollar fitness industry.
Marin County-based Elan Fitness operates health clubs in San Anselmo and Petaluma.
"Here, they are picking on a very small club," Cordova said. "But this has potential ramifications for the larger folks."
Elan Fitness owner Joyce Brown couldn't be reached for comment.
All-female fitness clubs are popular with women who don't want to be ogled by men while they're exercising, supporters said. They say there are plenty of co-ed clubs for men.
Cordova said Elan Fitness had no written policy about admitting men because it was never an issue.
"There had been virtually no inquiries by men," he said.
He said other women's health clubs have varying policies about admitting men.
In his complaint to the state civil rights agency, Kottle said he went to the Petaluma fitness club in July 2003 to ask about a $99 membership offer.
He said the manager told him that men can use the club only one day a week. Another club representative said women can use the facilities at any time, Kottle complained.
He said he also was told that monthly fees are the same for men and women.
When contacted at his Santa Rosa home this week, Kottle declined to comment, saying he hasn't seen the state's lawsuit.
Cordova wouldn't respond to the specifics of Kottle's complaint but said Elan Fitness wants to settle the dispute by giving men full access to the club's classes and facilities, with the exception of lockers and showers.
He said Elan Fitness doesn't have separate lockers and showers for men.
"We don't believe the law would require it," Cordova said.
Nelson Chan, an attorney for the Department of Fair Employment and Housing, didn't return several calls seeking comment.
In the lawsuit, he alleged Elan Fitness "maintained a business practice that excluded all men from enjoying the full and equal access to accommodations, advantages, facilities, privileges and services" at the club.
In addition to a court order opening the club to men on an equal basis, the lawsuit seeks unspecified punitive damages and an administrative fine.
It also seeks an order requiring the Petaluma club to adopt a policy against sexual harassment and implement an anti-discrimination training program for employees.
I heard they don't want men joining because they will leave the seats up...
What's amazing is that it took this long for this obviously illegal practice to be smacked down.
What go around shore do indeed COME AROUND...
Call me insensitive and bigoted, but for me, women-only gyms are lesbo-erotic hotspots...
This is what they get for barging in where they weren't wanted.
I absolutely love this lawsuit. Next we can go after the all black student organizations at our colleges.
After a few minutes of stunned silence I literally had to leave. It is truly astounding how many beautiful girls there are in many colleges.
There is no way I could have attended a class like that.
All-female fitness clubs are popular with women who don't want to be ogled by men while they're exercising, supporters said. They say there are plenty of co-ed clubs for men.
But THIS mentality is not...
All-white fitness clubs are popular with whites who don't want to be ogled by non-whites while they're exercising, supporters said. They say there are plenty of minority clubs for minorities.
Welcome to Loony Liberal Logic 101.
I demand equal right to the women's locker room!
Ha ha! This is so funny! The girls are working out so the guys will look at them, so whats the big deal?
I simply cannot WAIT to e-mail this to my wife and to a female colleague and friend.
I've been trying to tell them this was coming for the longest time.
We pee in the shower too.
"This is what they get for barging in where they weren't wanted."
EXACTLY! I have no problem whatsoever with women having their own organizations, but so many of them think the pendulum swings only one way. I attribute that to the pack of feminazis out there who really want to BE men.
I am waiting for someone in college to join the women's tennis team or women's softball team or women's track team. Why can't men join sororities?
Those on the left have sued to stop free ladies night at a bar. The practice encourages male customers and guess what --- it is good for business. We must get back control of our judiciary.
Good I'll join just to piss them off. I can see all those butches upset cause I can press 350# and they cant.
You are just making a rather broad generalization. I belong to a women-only gym, and haven't seen any lesbo-erotic behavior..and I'm a hottie, so I would have been hit on for sure!
The thing I like best about a women-only gym is there are no sweaty grunting muscle boys pumping iron.
"He said the manager told him that men can use the club only one day a week. Another club representative said women can use the facilities at any time, Kottle complained.
He said he also was told that monthly fees are the same for men and women. "
Looks like an open and shut case ...
When women work out they don't sweat and grunt?
They aren't working out hard enough! Hottie? Any pics?
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