MIDLAND, MI -- A Midland County woman's lawsuit against Planet Fitness for its transgender-friendly locker room policy continues, despite a judge dismissing the lawsuit in January.

Yvette Cormier's attorney, David A. Kallman, appealed the judge's decision to the Michigan Court of Appeals on Jan. 28.

Kallman said he believes Midland County Circuit Judge Michael J. Beale's decision to dismiss the lawsuit was premature.

"There are lines, community standards, that I don't think have changed to the extend that Judge Beale thinks has changed," Kallman said. "A line needs to be drawn somewhere."

Full coverage: Planet Fitness lawsuit

Cormier's suit was based upon her seeing a transgender person in the locker room at the Planet Fitness in Midland. Carlotta Sklodowska later came forward, saying she was the transgender woman in question.

Planet Fitness canceled Cormier's membership after she complained to fellow gym members over several days.

Cormier then filed a lawsuit, alleging violations of the Elliott-Larsen Civil Rights Act, breach of contract and other claims.

Planet Fitness asked for dismissal of the lawsuit, calling it "woefully deficient" and claiming it promotes discrimination against transgender people.

Known for its "judgement free zone" slogan, Planet Fitness has stated its locker room policy allows members and guests to use the facilities that correspond with their "sincere self-reported gender identity."

Beale filed an opinion dated Jan. 4 dismissing the lawsuit.

Kallman pointed out that the case had not yet reached the discovery phase at that point.

"We don't really have the facts," he said. "He was treating this more like a summary disposition motion after discovery, when this should have been a motion just on the bare face of a pleading."

Beale's opinion states "there was no intrusion upon the solitude or seclusion of the plaintiff by the presence of the clothed male in the common area of the restroom" and that Cormier failed to show she was subject to "quid pro quo" sexual harassment.

Read it: Why judge dismissed Planet Fitness transgender lawsuit

Kallman said he disagrees with the judge, arguing the company's policy created a situation that infringes on Cormier's rights and on general "community standards" for decency.

"He essentially says in his opinion that that's not objectionable," he said. "Our position is, frankly, the presence of a man in a woman's locker room should be sufficient. You don't have to wait until something more drastic to occur in order to plead a case."

Kallman said the lawsuit is not an attack on the rights of transgender people

"This is a defense just for common sense and common decency for people in locker rooms," he said. "Other people have rights too. If I have a 15-year-old daughter, I have the right to make sure she's not seeing something like that at her locker room at school or at a Planet Fitness."

See the original lawsuit and motions filed in the case:

Read the full complaint filed on behalf of Cormier

Read the entire motion filed by Planet Fitness' parent company

Read the entire motion filed by the Midland Planet Fitness franchise

Read Cormier's response to Planet Fitness' motion to dismiss

In addition to monetary compensation in excess of $25,000, the threshold required to file a lawsuit in circuit court, the lawsuit asks the court to issue an injunction to prohibit Planet Fitness from continuing its transgender-friendly locker room policy.

Kallman explained that oral arguments in the Michigan Court of Appeals is likely at least a few months away, explaining that time is allotted for the filing of briefs and replies to be filed by both sides.

Though the court could decide on the case based solely on those briefs, Kallman said he anticipates the chance to argue it in front of a panel of appellate judges.

"It will definitely go to oral arguments," he said.

He said his brief in support of Cormier's position will be filed within a month.

Planet Fitness in Midland, Aug. 20, 2015.

If necessary, Kallman said he is prepared to argue the case all the way up to the Michigan Supreme Court.

"I would hope this would be a case they would accept," he said. "It's a fairly unique case. It has issues of first impression that have never been decided in our courts before. Usually that gets the court's attention."

Planet Fitness declined to comment, citing a policy to not comment on pending litigation.

Mark Tower covers local government for MLive/The Saginaw News. Contact him at 989-284-4807, by email at mtower@mlive.com or follow him on Twitter, Facebook or Google+.