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.
All-male clubs are popular with men who don't want to be bothered by women while they're smoking cigars and talking about golf, supporters said. They say there are plenty of co-ed clubs for women.
I feel like Jacques Derrida!
Sweat yes...grunt no. See my profile page for hottie evidence.
don't know too many men who would want to work out at Curves...
MOOOOOOOO!!!
Or mostly for women who know they aren't eye candy.
yes, but I would be very afraid of the ones who can...
In regards to women's complaint that men ogle them while working out I believe women are part of the problem. Ever notice they always wearn those skimpy/tight/thong type clothes? BTW those thongs they wear have to be uncomfortable while working out(chafing)
If thye want to lesson men ogling them they should wear a lose t-shirt or regular pull up baggy gym pants.
Checked it out. You're right. The guy has to go though!
Now, now...I married that sweetie on 3/27/04. He's not going anywhere!!
I disagree with your stereotypes. A) not every guy is sweating and grunting, B) plenty of pretty men work out at the gym and C) there are women who are ashamed of what they look like and would rather not be seen at the gym and D) the gym is a social outlet for professionals but for the hottie crowd, they don't look that good without working out.
why do you think guys wanna join :D
I think this is a great idea and should be pushed untill the femanazis and without A CLU make public statements that Men only clubs are Constitutional and they will never again pursue harassment litigation abuse against them.
There are plenty of other golf courses where women can play golf but the New York Times got all bent out of shape because they weren't allowed at Augusta National.
So I would presume the NYT will give front page support to this man's case, right? Right?
My turn, my turn!
All-straight Boy Scout clubs are popular with boys who don't want to be bothered by homosexuals while they're scouting, supporters said. They say there are plenty of mixed clubs for homosexuals. Like that?
Libs, enjoy the world you have created....
When I lived in Boston many years ago there was this place the Inn Square Mens Bar. It was not a stip joint. It was a bar for men to drink in when they did not want to be oggled by women. By the 70s they already let women in, but it was 'discouraged' on some nights I think.
Personally I think gender specific things are fine. But that's not what are laws say.
You look like a dog to me. Who is that elderly woman holding you?
Which side will Gloria Allred support?
Smile when you say that stranger.
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