Update: Fitness Club Owner Angry with Human Rights Outcome
ST. CATHARINES, ON – The battle between John Fulton, owner of Downtown Health Club for Women and Fulton Fitness, in St. Catharines, Ont., and a pre-operative transgender woman who sought membership in his club in 2006, is over. The plaintiff, Lisa MacDonald, dropped the human rights complaint in October 2009.
In the summer of 2006, Fulton was closing a membership deal with who he assumed was a middle-aged woman, when she paused just before signing and said, “I need to be honest with you – I’m a guy.”
Fulton recalls that the admission gave him pause, but says that he has no issues with non-traditional lifestyles. He has been a longtime supporter of the Niagara AIDS Walk, and he has been exposed to many transgendered individuals over the years.
Fulton called The Human Rights Commission and the local police for advice. But within a week, and before he could fully explore his rights and obligations, he received a letter from a lawyer representing the woman (she had since completed a transformation from male to female) demanding an apology and a financial settlement. When he refused to do either of these, she lodged a human rights complaint.
The mediation hearing with the Human Rights Tribunal of Ontario happened in Toronto on June 15, 2009. Fulton’s lawyer asked for a dismissal, but the judge instead moved that the case go to court for a two-day trial in front of the Ontario Human Rights Tribunal. It would have been easier and less expensive to settle in mediation – Fulton’s lawyer says the typical case settles for about $20,000 – but, on principal, Fulton opted continue to the trial.
Four months later, during which time Fulton’s lawyer had been preparing his defense, the plaintiff withdrew her complaint. “They put me through hell for three years and at the 11th hour, they dropped it,” says Fulton. “Not only did I not get my day in court, I was bad-mouthed.”
The judge stated that she did not believe the applicant had abused the process, and she declined to award Fulton his costs.
Fulton feels strongly that the case was a money grab from the beginning. ”They picked on the wrong guy,” says Fulton, who was recently awarded a plaque for community service from AIDS Niagara. “My position was that she wasn’t getting a penny from me.”
What happens now? “I’m just busy selling memberships,” says Fulton, who has hefty legal bills of about $150,000. He gratefully acknowledges The Canadian Constitution Foundation who approached him to assist with fundraising.
The plaintiff’s costs will be paid with tax dollars from the Canadian Human Rights Commission.
Fulton hopes that having his financial woes made public won’t affect the business he has spent 28 years building. Many of his members pay up front for yearly memberships because they respect the club’s long history and good reputation.
The Canadian Constitution Foundation, a non-profit organization helping Fulton with his financial burden. To donate online and receive a tax-deductible receipt, visit www.canadianconstitutionfoundation.ca or follow this link: https://secure.lexi.net/ccf/donation.php.
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