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May 1st, 2009

Foundation Announces Support of Women’s Gym Owner Defense

ST. CATHARINES, ON – John Fulton, owner of Downtown Health Club for Women/Fulton Fitness and the Canadian Constitution Foundation (CCF) announced an alliance today for Fulton’s pending human rights trial in front of the Human Rights Tribunal of Ontario. The case is set for hearing in Toronto on June 15 and involves the gym membership application of a transgendered woman to Fulton’s women-only gym in 2006.

Fulton’s case has garnered national attention and controversy after the Human Rights Commission agreed to represent the transgendered woman. The woman claims she was denied membership to Fulton’s women’s only St. Catharines gym. Following the initial mediation hearing, Fulton opted to go to trial in front of the Ontario Human Rights Tribunal.

“I am just a small business owner trying to make ends meet during difficult economic times,” says Fulton. “The enormous legal cost of going to the Human Rights Tribunal deters the majority of the accused from continuing litigation. It would have been easier and less expensive for me to settle at the mediation hearing. However, on principal I decided not to settle at the mediation hearing in hopes of shedding light on unfair human rights lawsuits that have plagued so many small business owners.”

The Canadian Constitution Foundation is a non-profit organization that has agreed to help Fulton’s financial burden by making public donations to his legal fees tax deductible. They have also established a website where supporters can donate online. It is estimated Fulton’s legal expense and settlement fees could be in excess of $100,000. The plaintiff’s fees will be paid with tax dollars from the Canadian Human Rights Commission.

John Carpay, executive director of the Canadian Constitution Foundation feels strongly that his organization should support Fulton’s case. “We receive many requests from individuals seeking our help, but we are cautious about the cases we choose to support. In this case, the board voted unanimously to help Mr. Fulton as this is clearly the case of a small business owner being taken advantage of,” says Carpay.

For those interested in supporting Fulton, visit secure.lexi.net/ccf/donation.php.




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