State sues SR health club

A state agency that enforces civil rights laws has filed a lawsuit against a Santa Rosa women's health club, charging its women-only policy unlawfully discriminates against men.

The state Department of Fair Employment and Housing is seeking a court injunction against Body Central, a fitness center on Ross Street in downtown Santa Rosa.

It's the second time in two years the department has sued a Sonoma County women's health club for alleged gender bias. Earlier this year, the department settled a lawsuit accusing Elan Fitness Center in Petaluma of discriminating against men.

Both cases were prompted by complaints from a Santa Rosa man who said he was discouraged or barred from joining the two health clubs.

The latest lawsuit was filed Tuesday in Sonoma County Superior Court. A 1995 state Supreme Court decision said private clubs that operate as businesses must follow state laws banning discrimination based on sex, race, religion and other factors.

But it's unclear how far women's health clubs must go to accommodate men. Supporters of women's health clubs say they're necessary because many women aren't comfortable exercising in front of men.

According to the state's legal action, Body Central owner Shannon Hartnett signed a settlement agreement with the department in 2004 that required her to open the club to men.

The agreement followed a complaint to the department from Philip Kottle, a Santa Rosa man who said he was denied membership at Body Central in 2003 because of his gender.

The department investigated Kottle's complaint and concluded Body Central violated the state's civil rights law.

Hartnett did not return a call Wednesday seeking comment on the charges. Paul Ramsey, chief attorney for the Department of Fair Employment and Housing, also did not respond.

Under terms of the administrative settlement, Hartnett agreed to provide at least one hour of anti-discrimination training to the club's staff and eliminate all advertising that portrayed Body Central as a women's-only fitness center.

She also agreed to pay $500 to Kottle, who was a party to the administrative settlement. The business was required to provide separate shower and locker facilities for men within two years.

The state dropped its enforcement action against Body Central after the agreement was finalized in October 2004.

The lawsuit alleges Hartnett has violated the agreement by continuing to operate Body Central as a women's-only health club. It cites language on the club's Web site, www.bodycentralwomen.com, describing Body Central as a women's fitness center, including a statement that "with a women only policy you get the privacy of the entire gym."

The lawsuit said signs on the club's Ross Street building that read "Fitness for Women" and "Making Women Stronger" are prohibited by the 2004 agreement. Body Central also has continued to advertise in newspapers as a women's health club, the department said.

The lawsuit seeks to enforce the earlier agreement and specifically asks the court to bar Body Central from referring to a women-only policy on its Web site, signs or other advertising.

A status conference on the lawsuit is set for April 24 before Superior Court Judge Knoel Owen.

On Wednesday, Kottle said he's happy the state has filed the lawsuit.

"I don't think it was fair to get an agreement and then have her (Hartnett) flagrantly ignore it," he said.

Kottle filed a complaint against Elan Fitness Center in Petaluma in 2003 after he tried to join there. Kottle said he was told men could use the club only one day a week, but they still had to pay full membership fees.

The department sued Elan Fitness in 2004 for sex discrimination and settled the case this past January.

Terms of the settlement weren't disclosed, but the attorney for Elan Fitness said the club was willing to let men have full access to the club's classes and facilities, with the exception of lockers and showers.