Judge rules SR women's fitness club must open to men !!!!

[Daanyeer]

Body Central found in violation of state's anti-bias law after Santa Rosa man's complaint


By STEVE HART
THE PRESS DEMOCRAT




........."Supporters of women's health clubs say they should be allowed to exclude males because many women don't feel comfortable exercising in front of men."




In a case that could have repercussions for single-sex fitness clubs, a Sonoma County judge has ordered a Santa Rosa women's health club to open its doors to men.


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Judge Knoel Owen said Body Central must provide showers and lockers for men and stop advertising itself as a women-only health club.

He ruled in favor of the state Department of Fair Employment and Housing, which sued Body Central last year for allegedly violating California's anti-discrimination law.

The state agency filed the suit after Phillip Kottle of Santa Rosa complained he was denied membership at the downtown fitness center in 2003 because of his gender. On Wednesday, Kottle said Body Central allowed him to join the gym in January.

"As far as I know, I'm the only male," he said. "At least I'm the only one I've seen. Men don't know that it's open."

Kottle, who also filed a complaint against a Petaluma women's health club in 2003, said he views the case as a civil rights issue.

"I have a right to go there," he said.

Female patrons at Body Central let him know he wasn't welcome, Kottle said.

"The first month or so I had some nasty comments," he said. "I haven't been cursed at recently."

Kottle said he ignores the barbs because he likes Body Central's exercise facility.

"It's convenient and it's never crowded," he said. "The equipment is almost brand new."

Body Central owner Shannon Hartnett did not respond to several phone calls seeking comment.

Hartnett, a bodybuilder and former college track star, did not appear in Superior Court last week for a hearing in the case.

At the hearing, an attorney for the Department of Fair Employment and Housing told the judge that Body Central hadn't complied with a 2004 agreement to provide equal facilities for men.

Attorney Susan Saylor said Hartnett had continued to promote Body Central as a women-only health club and hadn't made provisions for men. Hartnett "failed to make accommodations for her male customers to shower and change after their workout," Saylor said in a declaration to the court.

Hartnett painted over signs on her Ross Street business that said "Making Women Stronger" and "Fitness For Women." But a state investigator said the "Fitness For Women" sign was not completely covered and is still visible.

In his own declaration, Kottle said Body Central employees called police Jan. 7 when he went to the club a second time and tried to become a member. Four days later, Hartnett phoned Kottle and said he would be allowed to join, according to court records.

Kottle said he bought a membership and now goes there four or five times a week. He said there are no showers for men, but Hartnett told him she'd made arrangements for him to shower at a coed gym a block away.

Kottle said he went to the nearby gym and was told he couldn't use its showers on a regular basis.

In his order, Owen said Body Central must make its facilities "open and welcoming to men, who will be granted the full privileges of membership."

The fitness club must provide showers for men by Dec. 31 and make alternate shower arrangements for them in the meantime.

Body Central must return for a hearing in December to determine whether it has complied with the court order. The business could be fined $50 for each day it is in violation of the ruling.

The state Supreme Court ruled in 1995 that private clubs operating as businesses can't discriminate based on sex, race or religion. But the law doesn't say how far women's health clubs must go to accommodate men.

Supporters of women's health clubs say they should be allowed to exclude males because many women don't feel comfortable exercising in front of men.

J. Wynn Herron, a Sonoma attorney who specializes in discrimination cases, said the Santa Rosa case doesn't establish legal precedent but it shows the state's determination to enforce the law.

Last year, the state settled a lawsuit accusing a Petaluma women's fitness center of discriminating against men. Elan Fitness agreed to let men have full access to the club's classes and facilities, with the exception of lockers and showers.

The Petaluma case also was prompted by a complaint from Kottle, who said he tried to join Elan Fitness in 2003. Kottle said club representatives told him men could use the club only one day a week, but they still had to pay for a full membership.

It's unclear how many health clubs in California exclude men.

Becky Frusher, spokeswoman for Curves International in Waco, Texas, said its franchises admit men in states that prohibit gender discrimination at health clubs.

Curves, which promotes itself as a fitness program for women, has 822 locations in California, she said.

"We tell our franchisees that they need to learn and comply with state and local laws," Frusher said. Some states allow women-only fitness clubs.

Curves formerly was called Curves for Women, but the company changed the name, Frusher said. She said the name change wasn't prompted by legal concerns.

"Everyone knows Curves is for women," she said.