fbpx

San Diego Crunch Fitness pays settlement in trans discrimination case

A transgender woman has won a discrimination lawsuit against a San Diego-area Crunch Fitness gym that refused to allow her to use the women’s locker room and restroom, even though it was her right under California law.

The El Cajon-based gym agreed to pay an undisclosed settlement to Christynne Wood and have all employees undergo anti-discrimination training, including the identification and prevention of harassment based on gender expression, the ACLU of Southern California said in a statement Wednesday.

“I feel elated and validated to finally reach resolution in this case,” Wood said in the statement. “I hope the settlement helps the owners of Crunch and other gyms appreciate the importance of respecting transgender people’s identities. It’s not only our legal right, but also could save a life.”

Gender neutral locker rooms proposed by Long Beach school district

Trans discrimination, protections

The discrimination Wood experienced is not an anomaly. A study conducted by the Williams Institute at UCLA found that approximately 70% of transgender people have experienced discrimination when trying to use public restrooms.

It’s also against the law in California. The Unruh Civil Rights Act bans discrimination based on “a person’s gender identity and gender expression,” and goes on to define gender expression as “a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth.”

California law mandates that trans people have access to the restroom and locker room that align with their gender identity.

“No one should have to endure the indignity and harassment that Crunch Fitness inflicted on Christynne,” Aditi Fruitwala, staff attorney at the ACLU of Southern California, said in the statement. “Thanks to Christynne’s moxie and courage to come forward and fight for her rights, a clear message has been sent to businesses.”

Early in life Wood, now in her 60s, realized that her gender identity was female, but she didn’t feel comfortable expressing that publicly until becoming more acquainted with the LGBTQ community and gaining confidence about identifying as a transgender woman, the ACLU of Southern California said in the statement.

Wood began to transition to female with the support of health care providers.

Palm Springs’ Lisa Middleton to be city’s 1st transgender mayor

Crunch Fitness discrimination

Wood was an avid gym goer. She lost more than 100 pounds, as urgently advised by medical personnel, and made several friends among staffers and patrons, ACLU of Southern California said.

But nine years into her gym membership, when she informed management that she was in the process of transitioning to female, Wood’s relationship with Crunch Fitness radically changed. Management refused to allow her use of the women’s locker room and restroom, according to court documents.

Harassment

She also encountered harassment, including an incident where a man approached Wood in the men’s locker room, smiling and grabbing his genitals. Wood fled the locker room and reported the incident to a gym manager, but as near as she could tell, no action was taken, the statement said.

Wood requested use of the women’s facilities, but was told she needed to obtain a doctor’s verification of her transitioning. On Sept. 30, 2016, she presented a letter that not only confirmed her treatments, but also stated it was “very important” she be able to use the women’s facilities, according to court documents.

But she was denied access.

In October 2016, Wood was given free access to use a premium locker room, but it was a men’s facility. Even after she obtained a Superior Court order legally changing her name and gender, Crunch Fitness refused to let her use the women’s locker room, according to court documents.

It was only after another men’s locker room harassment incident – a man referred to her as a “fucking faggot” – that Wood was finally allowed access to the women’s facilities.

This incident took place Sept. 15, 2017, almost a year after Wood presented the doctor’s letter.

Lawsuit filed

The California Department of Fair Employment and Housing filed the initial lawsuit against the gym in 2018. The ACLU SoCal, the ACLU of San Diego and Imperial Counties, and the law firm Nixon Peabody later joined the lawsuit.

“DFEH brought suit in this case under the California Unruh Civil Rights Act to vindicate the essential right of transgender Californians to live their lives free from discrimination,” Kevin Kish, director of the Department of Fair Employment and Housing, said in the statement. “Today’s settlement ensures that no Californian will face the discrimination Ms. Wood experienced in the future at this establishment.”

Since the events described in the lawsuit, the ownership and management of the gym has changed.

Wood remains a gym member.

About the author

Phillip Zonkel

Award-winning journalist Phillip Zonkel spent 17 years at Long Beach's Press-Telegram, where he was the first reporter in the paper's history to have a beat covering the city's vibrant LGBTQ. He also created and ran the popular and innovative LGBTQ news blog, Out in the 562.

He won two awards and received a nomination for his reporting on the local LGBTQ community, including a two-part investigation that exposed anti-gay bullying of local high school students and the school districts' failure to implement state mandated protections for LGBTQ students.

Pin It on Pinterest

Share This

Share this post with your friends!