Did this man have a legitimate lawsuit?

Question

In the largely gay New York City neighborhood called Chelsea, a straight man joined a gym with a largely gay clientele.

He alleged that, almost as soon as he began using the gym, men made passes at him, and he witnessed men kissing and hugging each other. He also claimed that men had sex in secluded areas of the gym.

This guy filed a $ 25,000 sexual harassment lawsuit against the gym.

Did this man have a legitimate grounds to sue?

Or should he have expected men to make passes at him in a gay gym?

The gym in question, the David Barton Gym on West 23rd St between 7th and 8th Avenues, is well known as a gay gym.

The owner is a well known openly gay man and they gym itself has a large rainbow flag in front of it.

Anybody who lived in the Chelsea neighborhood knew it was a gay gym.

And since Chelsea is largely gay, and many gay men who live in Chelsea are enthusiastic gymgoers, it would be common knowledge around the area that this was the biggest gay gym in a neighborhood full of gay gyms.

Answer 1

What did he expect? They probably thought he was gay, since he was there. Didn't he become puzzled when there weren't any women prancing around in their little spandex outfits?

He is suing them for being gay, and he should not win anything. He is homophobic, and looking for a payday.

If he wins that case, there will be women everywhere filing lawsuits for going somewhere and not wanting advances but getting them from men anyways. . . Guess it sucks when the shoe's on the other foot, huh?

Answer 2

More than likely, with the way people have become in this nation over suing anyone they can, he can get away with it.

Some would argue that it would be no different than an attractive woman getting hit on at another gym, but in his case, most women don't see couples having sex in random locations at the gym.

He should have either known what to expect, maybe not to the extent that it went, but the fact that it is a "gay gym" in a well known homosexual area, he should had enough common knowledge about it. I think he could have easily just taken the situation as a learning experience, asked for a refund to his membership, and found a different gym if he didn't like it.

But the fact that he did join that specific gym, I find it hard to believe he didn't plan something like that. I mean, we as Americans will sue for any reason we can think of. A guy sued the makers of his RV because the instruction manual didn't specifically state that he couldn't leave the steering wheel while driving, so when he went to the back of the RV, it went off the side of the road. I can't remember the exact dollar amount, but it was several million.

Point being, yes, he can get away with that lawsuit, but logically he's just an idiot in my opinion.

Answer 3

First of all, you can't sue the gym for sexual harrassment, since the gym wasn't performing the sexual harrassment, the patrons of the gym were. You may be able to sue the gym for neglect if you feel you can build a case that the gym allowed an environment injurious to its patrons.

Secondly, the whole point of a civil suit is to theoretically make a damaged individual whole. He would have to prove that the experience at the gym caused him $25,000 in some sort of emotional damages, which would more than likely be viewed by the court as unconscionable and would likely be thrown out. The most grounds he would have for a lawsuit would be to recover the cost of his membership citing the gym's negligent misrepresentation. He would argue that the gym, knowing that it was a potentially hostile environment for a straight man, sold him the membership without presenting that fact. However, if the gym disclosed prior that it was a predominantly gay clientele, then he likely wouldn't even have grounds to recover his membership.

Answer 4

Yes, he had legal grounds to sue, if the gym did not publicly
(ie radio, newspapers, magazines, TV) advertise itself
as a gay orientated gym. If the gym had the words "gay
orientated " or "gay friendly" or something similar in the advertising then there should be no problem for the gym
except when it comes to the sex in a public building
part of it. That can get the place in big trouble and most likely shut down for condoning public indecency.
I'm assuming the gym has a license to do business as a gym
or fitness club, not as an adult sex club. No license as a sex club, then they are in some serious legal trouble.
The $25,000 is going to be pocket change, if the guy wins and the judge decides to have the gym investigated by the health dept
and other authorities. (They may have already started those
precedings. Business owners are the last to know, when the guys show up to close the place down. They usually send plain clothes investigators to secretly check things out first.)
I don't blame the guy for suing. I'd have suggest a higher amount than $25,000, though.
It's ok if one choses to be gay or lesbian, but they should be held to the same standards of public decency as straight people in a public place such as a gym.
My husband and I both belong to our local health club. Straight, gay, and lesbian people all coexsist there with no problems.
Of course, the establishment is not the sleazy type that allows public sex, inappropriate displays of affection, or harassing behavior. In fact they have a written policy against harassment.

Answer 5

Well first of all, about the passes- I think that's nothing to sue over, he should had expected that for sure. Men kissing other men is perfectly okay however having sex in secluded areas of the gym- that is something absurd. I personally would not like to see that, it would definitely traumatize me. To prove that such statements are legitamate might be the hard process to prove the case.

Or maybe the plaintiff joined the Gym knowing that perhaps such events took place, and took this as a way of making a large sum of money for such a disturbance!!

Answer 6

no

how is what the clients do the responsibility of the gym?

how is this "sexual harassment"?

maybe someone else could sue the gym for letting this straight guy join?

he should have checked out the gym before joining and see if he wanted to be there for all kinds of reasons like if the equipment is good, etc.

no gay guys have ever made passes at me (im straight) and dont know if this is a good or a bad thing haha. I think I do not act gay so they can tell.

Answer 7

Not enough detail to be sure, but, I would say NO. He really doesn't have grounds to sue. That's like saying women can sue a any bar in town because men keep making passes at them.

Now, if he complained about the whole 'sex in secluded areas' thing the gym should have done something about it or at least offered him his money back. And, perhaps in the future, the gym should give people a clearer idea of what exactly goes on there.

And, YES, he really should have expected men to make passes at him in a gym with mostly gay clients.

Answer 8

The American legal system is pretty much of a joke so I wouldn't be surprised at anything. That being said, the only case he might have would be to sue for a refund claiming that he was not advised that he might be the subject of unwanted advances. I believe that a sexual harassment suit against a business is only actionable if the harassers and the victim are employees of the business and management has ignored the victim's complaints.

Answer 9

He should have expected men to make passes at him. If he was at a straight gym, would he sue if women made passes at him?

I think the public sex might give him a case though. The gym should do something about that.

Answer 10

He does have a lawsuit. Not because of the gay issue, but because people were having sex in secluded areas of the gym.

If that sex was happening between a man and a woman, he would STIL have a lawsuit, as that is not the sort of thing he should be expecting to happen at a gym.