A woman who sued a gym after it banned her for complaining about a trans woman in the women’s changing room is taking her case to the state supreme court.
Yvette Cormier sued Planet Fitness in February 2015 after she saw a trans woman in the locker room.
The woman in question, Carlotta Sklowdowska identified herself after the complaint was made.
Comier’s membership was cancelled after she complained for several days to other members of te gym.
She then sued the gym, alleging that she had been discriminated against because her membership was cancelled.
Her lawsuit relies on the Elliot-Larsen Civil Rights Act, which bans discrimination in the state of Michigan based on “religion, race, color, national origin, age, sex, height, weight, familial status, or marital status”.
The lawsuit was dismissed in January 2016 by Midland County Circuit Court Judge Michael J Beale.
But Cormier’s attorney, David A. Kallman has said that she now plans to appeal to the Michigan Supreme Court.
Kallman called the previous ruling “reckless”.
“We believe the Court of Appeals decision was erroneous because it stated that a business policy (Planet Fitness’ judgment free zone policy) itself could not be the basis for an Elliott-Larsen Act claim,” Kallman said in an email to Mlive.
“Further, (Planet Fitness’) actions against Mrs. Cormier clearly violated her right to privacy by allowing a man in the women’s locker room/shower area and violated the Michigan Consumer Protection Act.”
Cormier back in 2015 misgendered the trans woman in the press, and claimed Planet fitness was “unprofessional” for allowing trans people to use the facilities they are most comfortable with.
Cormier had been seeking $25,000 in damages for “loss of use of gym facilities”, “fear about using the gym facilities”, “embarrassment and humiliation”, “severe emotional distress,” and “damage to reputation”, as well as “all other damages that reasonably flow from [Planet Fitnesses’] outrageous behavior.”