Fitness club owner going to Human Rights Tribunal over transsexual case
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Wed Feb 25, 6:17 PM


TORONTO - The owner of a St. Catharines, Ont., fitness club says he has opted to go to a Human Rights Tribunal of Ontario hearing in a dispute initiated by a transsexual.


The complaint alleges John Fulton denied a pre-operation transsexual access to the women's only areas of his gym.


The transsexual - now a woman - was a man at the time of the incident two years ago.


Following a closed-door mediation hearing Wednesday in Toronto, Fulton said he has opted to go to the tribunal rather than settle.


Fulton says he wasn't sure what to do when the pre-operation transsexual applied to join because his female clients might not be comfortable with a man in their changing room.


Fulton, who denies ever refusing to allow the complainant to use his club, said a date for the hearing hasn't been set.


"I have not said no," he said Wednesday. "The person, who is actually post-op now, is welcome to come and use the club."


Fulton said it all started when he decided to open a women's only section at his fitness club.


A few days later, a woman came in, filled out all the paperwork and just before signing said she was a man, he said.


Fulton said he called the tribunal and was told he had to let the man use the women's facilities, but he said he couldn't get an answer on what his rights and the rights of his female clients are.


"I had to find out what my women's rights were," he said Wednesday.


The person has since had a sex change operation and she's now living in Ottawa, said Fulton, who adds he hopes to use a section of the law dealing public decency in his defence at the hearing

The owner of the club should have found a way to accommodate that person rather than taking an antagonistic stance.