Friday, September 14, 2018

Here We Go Again… Round Two

Won… Appeal… Won… Appeal... Back to court.

That is where the Planet Fitness case is heading. You remember the case where a woman complained about a trans person in the locker room, then Planet Fitness terminated her contract and she sued.
The Planet Fitness Transgender Case Is Headed Back To Trial Court
By Janet Sparks
September 10, 2018

After three-plus years of legal wrangling, resulting in four court decisions, an ejected Planet Fitness club member in Michigan scored a victory over the franchise chain’s unwritten membership policy that allows biological men who identify as women to use the women’s locker rooms, showers and restrooms.
The Michigan trial court ruled against Cormier and she appealed the decision.  The Michigan Court of Appeals agreed with the lower court that she suffered no intrusion of privacy. The case was then revived last April by the Michigan Supreme Court ruling that the state’s court of appeals erred in declining to consider Cormier’s claims under the Michigan Consumer Protection Act. The high court remanded the case to the Michigan Court of Appeals “for consideration of the trial court’s grant of summary disposition on those claims.”
In her complaint the woman said that,
… Cormier asserted that Planet Fitness failed to reveal to her that she could not have reasonably known that they allowed men to use the women’s locker room and restrooms with women. And while her membership included that she had access to a private women’s locker room and restrooms, Planet Fitness did not disclose to her its policy that assigned men who self-identify as women can use the women’s locker room and restrooms.
And her lawyer said,
Cormier’s attorneys, the Kallman Legal Group, stated in the brief, "To allow Mr. Sklodowska to have full, unfettered access to the women's locker room, with no inquiry into her sincerity whatsoever, clearly demonstrates that Planet Fitness' policy is actually no more than a vague, politically correct, fantasy..."
Not being a lawyer, it seems to me that Michigan Supreme Court sent it back to the lower court to look at the consumer protection law in light of the contract, did Planet Fitness violate the contract by allowing a “man” in the women’s locker room?

I don’t know nothing about the trans woman in this case but I think that the case will boil down to if she is a “man” or “woman.” Which will be a very scary precedent to set.

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