Woman suing Planet Fitness appeals to Michigan Supreme Court

A local woman’s lawsuit claiming sexual harassment and retaliation against a Midland gym where she encountered a transgender woman has been appealed to the state’s highest court, the Michigan Supreme Court.

In March Yvette Cormier filed the suit against Planet Fitness – Midland LLC, of Michigan, and Pla-Fit Franchise, LLC, of New Hampshire, after visiting the Midland Planet Fitness on Feb. 28, 2015, to exercise.

In an open common area of the women’s locker room, Cormier came into contact with a transgender woman. 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, court documents state.

According to the documents, there were no signs or posters warning that 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 judgment policy,” and echoed the desk worker’s statement regarding using the corresponding facilities of whatever sex a person identifies with.

After Cormier complained to other Planet Fitness members about the policy, Planet Fitness canceled her membership.

At that point, Cormier’s attorney, David A. Kallman, of Lansing, filed a lawsuit on multiple points: Invasion of privacy, hostile environment, retaliation, breach of contract, intentional infliction of emotional distress and violations of the Elliott-Larsen Civil Rights Act and the Michigan Consumer Protection Act.

“Privacy rights of women and men should be upheld vs. somebody’s own belief,” Kallman stated by phone on Thursday.

On Jan. 4, 2016, Midland County Circuit Court Judge Michael J. Beale dismissed Cormier’s suit. In his 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. The opinion stated that Cormier’s claims on numerous issues centered on the concept of what could have occurred, rather than stating sexual harassment actually occurred.

Kallman appealed Beale’s ruling to the state’s Court of Appeals on Jan. 26, 2016. Over a year later, on June 1, 2017, the Court of Appeals upheld Beale’s ruling.

“The Yvette Cormiers of the world are being told you are going to accept our point of view and it is being crammed down their throats,” Kallman said. “It shouldn’t be one side wins and the other side loses. There needs to be some middle ground here. The courts need to step in and provide some clarity.”

Wednesday, Kallman filed for leave to appeal to the Michigan Supreme Court.

“The decision by the appeals court was in error because a business policy itself could not be the basis for an Elliott-Larsen Act claim. The policy itself is enough to be a violation,” Kallman said.