June 6, 2017
Anti-Trans Ex-Gym Member Loses Appeal Against Planet Fitness
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Planet Fitness will remain a judgment free zone.
Transgender rights scored a victory last week when a Michigan Court of Appeals ruled in favor of discount health club chain Planet Fitness, in a case brought by a former member who was opposed to the gym's transgender-inclusive policy. LawNewz reports.
In January 2015, Yvette Cormier's membership to Planet Fitness was cancelled after she repeatedly warned other members not to use the Midland, Michigan facility's locker rooms because of a transgender member.
Cormier sued the corporation for invasion of privacy, sexual harassment under the Elliott-Larsen Civil Rights Act (CRA), retaliation, gender-based discrimination, breach of contract, intentional infliction of emotional distress, and violation of the Michigan Consumer Protection Act.
On Thursday, the State of Michigan Court of Appeals upheld a lower court ruling against Cormier's lawsuit.
The court's opinion, in part read:
"Transgender rights and policies are polarizing issues and each individual may have a feeling on the issue and on what locker room such individuals should be using. Regardless of whether an average member of the community may find the policy outrageous, the fact is that plaintiff did not suffer severe emotional distress as a matter of law."
ThinkProgress notes that Cormier was represented in court by the Kallman Legal Group, a law firm notorious for taking anti-LGBT cases.
Cormier's attorney David Kallman, told LawNewz that they plan to appeal the Court of Appeals decision and take the case to the State Supreme Court.