{"id":71340,"date":"2018-07-31T12:25:46","date_gmt":"2018-07-31T16:25:46","guid":{"rendered":"https:\/\/www.gayfriendschat.com\/socialblog\/trans-women-arent-women-according-to-michigan-appeals-court-ruling-for-ejected-planet-fitness-member\/"},"modified":"2018-07-31T12:25:46","modified_gmt":"2018-07-31T16:25:46","slug":"trans-women-arent-women-according-to-michigan-appeals-court-ruling-for-ejected-planet-fitness-member","status":"publish","type":"post","link":"https:\/\/www.gayfriendschat.com\/socialblog\/trans-women-arent-women-according-to-michigan-appeals-court-ruling-for-ejected-planet-fitness-member\/","title":{"rendered":"Trans Women Aren\u2019t Women According to Michigan Appeals Court Ruling for Ejected Planet Fitness Member"},"content":{"rendered":"

Trans Women Aren\u2019t Women According to Michigan Appeals Court Ruling for Ejected Planet Fitness Member<\/b>
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Yvette Cormier \/ WNEM screenshot<\/p>\n<\/div>\n

A Michigan appeals court issued a transphobic ruling for an ejected member of a Planet Fitness gym<\/a> who sued in 2015<\/a> after her membership was revoked because she complained about a transgender woman<\/a> (whom she described as a \u201cman<\/a>\u201d) in the locker room. The ruling calls<\/a> transgender women<\/a> \u201cmen<\/a> who identify as women<\/a>.\u201d<\/p>\n

Yvette Cormier, who had her Planet Fitness\u00a0membership revoked<\/a>\u00a0after making waves about trans<\/a> woman<\/a>\u00a0Carlotta\u00a0<\/a>Sklodowska<\/a>\u00a0using the women<\/a>\u2019s locker room, sued the fitness chain for more than $25,000.<\/p>\n

After Cormier complained to local staff in Michigan and escalated her concerns with corporate offices, Planet Fitness enacted its \u201cJudgement Free Zone\u201d policy and cancelled Cormier\u2019s membership.<\/p>\n

A press release detailing the lawsuit read in part:<\/p>\n

\u201cMs. Cormier was wrongfully denied the benefits of her contract with Planet Fitness and wrongfully denied the use of the public accommodations at Defendant\u2019s gym because she objected to Defendant\u2019s unknown policy.<\/p>\n

\u201cMrs. Cormier has filed this lawsuit to protect Michigan women<\/a> and children and to hold Planet Fitness accountable for its irresponsible policy and actions. This case further illustrates the potential harm caused by adding the proposed new categories of sexual orientation\/gender identity to the\u00a0Elliott-Larsen Civil Rights Act<\/a>.\u201d<\/p>\n

Elliott-Larsen prohibits discrimination based on race, age, sex<\/a>, religion and more, but does not offer protections based on sexual orientation.<\/p>\n

Cormier\u2019s complaint listed the alleged damages she suffered as \u201closs of use of gym facilities,\u201d \u201cfear about using the gym facilities,\u201d \u201cembarrassment and humiliation,\u201d \u201csevere emotional distress\u201d and \u201cdamage to reputation.\u201d<\/p>\n

It claimed Cormier\u2019s rights were violated in seven counts including breach of contract, an exemplary damages claim, invasion of privacy, intentional infliction of emotional distress and three counts of sexual harassment under Elliott-Larsen.<\/p>\n

According to the summons and complaint, she suffered \u201caggravation, annoyance, discomfort, disgrace, feelings of oppression, humiliation, inconvenience, indignation, insult, mental anxiety, mental suffering, mortification, outrage, scorn, shame, sorrow, vexation, and worry.\u201d<\/p>\n

Think Progress reports<\/a>:<\/p>\n

A Michigan lower court ruled against her and last year,\u00a0a state court of appeals agreed<\/a>\u00a0that\u00a0she suffered no intrusion of privacy.<\/p>\n

But in April, the Michigan Supreme Court\u00a0revived the case<\/a>\u00a0and sent it back to the appellate court to examine a legal question it hadn\u2019t initially considered. And this time,\u00a0the panel found<\/a>\u00a0that Planet Fitness violated its own contract with Cormier, but the ruling requires a foundation of transphobia.<\/p>\n

Cormier alleged that Planet Fitness misrepresented the nature of its contract when it said that she would have access to a private women<\/a>\u2019s locker room but did not disclose that so, too, would \u201cmen<\/a> who self-identity as women<\/a>.\u201d (The court conspicuously refuses to use the word \u201ctransgender\u201d and repeatedly refers to transgender women<\/a> with this phrase.) This inclusive policy would have affected her decision to purchase a membership and thus is relevant to her claim that Planet Fitness engaged in deceptive business practices.<\/p>\n

\u201cPlaintiff\u2019s actions indicate that she strongly preferred a locker room\u00a0and a restroom in which individuals who are assigned biologically male<\/a> are not present,\u201d the court wrote, \u201cand it is thus reasonable to infer that defendants\u2019 failure to inform plaintiff of the unwritten policy affected her decision to join the gym.\u201d<\/p>\n

The decision says that Cormier has a right to sue and sends it back to a lower court.<\/p>\n

The post Trans Women Aren\u2019t Women According to Michigan Appeals Court Ruling for Ejected Planet Fitness Member<\/a> appeared first on Towleroad Gay News<\/a>.<\/p>\n

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Trans Women Aren’t Women According to Michigan Appeals Court Ruling for Ejected Planet Fitness Member<\/a><\/p><\/blockquote>\n