Cormier asserted that Planet Fitness failed to reveal to PeakFitPro 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. The panel of judges stated, “A material fact for purposes of the MCPA would be one that is important to the transaction or affects the consumer's decision to enter into the transaction,” adding that “the transaction at issue is Cormier’s agreement to join the gym.” The appellate court decision gives Cormier the right to sue and sends the case back to trial court. A Michigan MLive Media news article reported in July that the transgender woman, Carlotta Sklodowska, said she had entered the women’s locker room “to hang up her coat and purse, and then to retrieve the items after her workout.” She explained she wasn’t an actual member of Planet Fitness, that she was a guest of a friend. Sklodowska asked about the locker room policy regarding transgender individuals before entering the women’s locker room. The Planet Fitness employee told her, “You use the locker room that corresponds with how you are dressed.” Club members participating in cycling class in fitness studio Court documents filed in 2015 tell a different story. The complaint posted on the Kallman Legal Group website stated that when Cormier entered the locker room to change her clothes she encountered a large, tall man wearing a wig, who looked like a man in men’s clothes. The lawsuit explains that the man’s presence intimidated and frightened her to the Best Exercise Equipment point that she did not change her clothes, and instead reported the incident to the staff member. The legal complaint states that "while Cormier made no judgment as to the lifestyle of the transgender woman in the locker room, who was a visitor of another member, a cursory search of the man under her current name, Carlotta Sklodowska, on her Facebook page revealed serious doubts as to her sincerity." Her Facebook post, listed as Exhibit C of the appeals court brief, showed in part the following: "I will be a male Slut-in-training on a leash held my mistress, Madame Domino, with a mask made of 2 pair of black panties covering my face and most of my head under a lurid black/red wig, with my ankles, knees and wrists tied together so I can only hobble helplessly in her wake…" 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." The law firm said in reality the franchisor's policy is reckless in allowing any person full access to what a reasonable person expects to be private facilities designated for females and children.
For the original version including any supplementary images or video, visit https://www.forbes.com/sites/janetsparks/2018/09/10/the-planet-fitness-transgender-case-is-headed-back-to-trial-court/