Midland judge's reasons for dismissing Planet Fitness suit detailed

Midland County Circuit Court Judge Michael J. Beale, shown in a Daily News file photo, wrote a 16-page opinion in dismissing a lawsuit against Midland's Planet Fitness. Midland County Circuit Court Judge Michael J. Beale, shown in a Daily News file photo, wrote a 16-page opinion in dismissing a lawsuit against Midland's Planet Fitness. Photo: Daily News File Photo Photo: Daily News File Photo Image 1 of / 1 Caption Close Midland judge's reasons for dismissing Planet Fitness suit detailed 1 / 1 Back to Gallery

A Midland County judge has dismissed a Sanford woman’s lawsuit accusing a Midland gym of sexual harassment, retaliation and more, filed after a transgender woman used the facility’s locker room.

The 16-page opinion filed Jan. 5 by Midland County Circuit Court Judge Michael J. Beale dismisses Yvette M. Cormier’s suit.

Cormier filed the suit in March, represented by attorney David A. Kallman of Lansing. Named as plaintiffs are PF Fitness-Midland, LLC, of Michigan and Pla-Fit Franchise, LLC, of New Hampshire.

Attorneys representing Planet Fitness filed a motion in July asking Beale to toss the case.

In the opinion, Beale pointed out more than once that his ruling had to with the legal issues of the case, rather than the side issues associated with the case — namely, rights for those identifying themselves as transgender.

Cormier filed on multiple points: Invasion of privacy, hostile environment, retaliation, breach of contract, intentional infliction of emotional distress and violations of the Michigan Consumer Protection Act.

The opinion states Cormier’s claims on numerous issues centered on the concept of what could have occurred, rather than stating sexual harassment actually occurred. Cormier and the transgender woman were in a common area of the locker room, which is open to other patrons, and not an area where a reasonable person would expect to be secluded. In addition, Cormier stated she did not change in the locker room the day of the incident, and did not claim anyone, male or female, saw her undress.

Cormier’s suit does not state she was subjected to unwelcome sexual advances or communication of a sexual nature. “Instead it asserts what could happen as a result of defendants’ policy,” of being a judgment free zone, the opinion states. “There is no disparate treatment because everyone is treated the same by the policy.”

As far as retaliation, the opinion states the gym simply exercised its contractual right to terminate her membership as a result of her complaint about the company policy, which is not illegal in nature. Also, a share of Cormier’s membership payment was returned to her.

Beale also found there was no intentional infliction of emotional distress in the case.

“Individuals will be uncomfortable in either situation as long as a facility has only men’s and women’s locker rooms and people self identify as being of the opposite sex from their biological status. Once again, this court does not address the bigger social issue involving transgender persons’ use of public facilities as it is not necessary for decision in this case,” Beale wrote.

Regarding the Michigan Consumer Protection Act, Cormier claimed Planet Fitness violated the act by representing that there were locker rooms for men and women, and failing to disclose that members could use those corresponding to their self identification gender because she would act upon the knowledge.

“That is, she would not have joined the gym if she had known about the policy. In fact, plaintiff continued to use the facilities, including the locker rooms, after learning of the policy and the possible presence of a self identified female. Plaintiff cannot honestly sustain a claim that she would not have joined the gym if she knew of the ‘judgement free zone’ policy instituted by defendants, as her actions clearly indicate otherwise,” the opinion states.

In Cormier’s suit, Kallman gives background about what occurred during her Feb. 28 visit to the Midland gym, located at 701 Joe Mann Blvd.

On that day, Cormier — who had been a member for one month — went to the gym to exercise and came into contact with a man inside an open common area of the women’s locker room, the documents state. She left the locker room and notified the front desk that a “man” was using the women’s locker room, and was told the gym’s policy is that people are allowed to use the corresponding facilities of whatever sex they identify with. The employee also told Cormier she could wait until the man was finished if she was uncomfortable.

There were no signs or posters warning men would be allowed to use the women’s locker room, and nothing on the topic in Cormier’s membership agreement, so she contacted the Planet Fitness corporate office to inquire. Corporate staff referenced the gym’s “no judgement policy,” and echoed the desk worker’s statement regarding using the corresponding facilities of whatever sex a person identifies with.

Cormier went back to the gym from March 2 to March 4, and warned other women about the policy. The gym eventually terminated her membership.

Cormier plans to appeal the ruling, according to MLive.