Is it fair to kick a woman out of the gym because she is overweight?
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M$5 Answers
If you read the full article, the gym was only telling her that she was too heavy for certain items of their equipment. In particular, she was asked to stop using the stationary bicycle. Any bicycle, stationary or not, has a weight limit.
They offered a plan to use appropriate equipment and work out plans. She just wanted to ignore the laws of physics and mechanical engineering.
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M$The gym staff could have acted compassionately and discreetly to avoid embarrassing the woman. They could have been proactive when she signed up and helped her create a fitness program using exercises and weights that suited her body type. This would have avoided the situation entirely.
I congratulate this woman for her weight loss attempts. I work in the fitness industry, and I see people all the time who want desperately to get fit, but won't go to the gym out of sheer embarrassment and self-consciousness. They want to "clean before the maid comes." But this woman, who was obese and unsupported by a fitness coach or personal trainer, was facing the public and trying to better herself.
I sincerely hope she gets the help and service she needs, and that the gym staff get better customer service and problem solving skills..
Personal Opinion
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M$
I don't think you read the article. They did try to prepare a program for her. Being nice is fine but you can't violate the requirements of physics. "Gravity, it's not just a good idea, it's the law!"
To the contrary, Albanian, I did read the article - both of them actually (the one at Lemondrop and the one at http://www.newson6.com/global/story.asp?s=12593024 .)
What it comes down to is the gym's word against hers. Personally, I doubt that she was given a solid program and advised not to use certain equipment. If I were told that, I wouldn't go running over there ("like a kid in a candyshop" they said) and humiliate myself with the chances of breaking the equipment. A large woman trying to gain a sense of health and self-confidence (esp. after childbirth) is hardly the type to go around rule-breaking at the local gym, in my opinion.
My best goes out to her, as well as to the gym owners who likely don't want bad press or lawsuits. May it be a learning experience for everyone involved.
(Photo Credit: http://www.newson6.com/global/story.asp?s=12593024)
I would not want her to ride one of my bicycles. I believe the gym showed good sense. She should diet and use non-impact exercise methods such as swimming and power-walking.
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M$
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M$From the Missouri Attorney General's Office, but I think it applies nationwide:
"If you used a credit card to pay for a disputed service or product, you may be able to recover your money.
Write your credit card company a letter recording details of the matter. However, there is a deadline. You must mail the letter within 60 days after you receive the disputed bill."
That is what I call nonperformance of contract. Last week, I just hit my credit card company up for a 6-month-old charge for a service which I'd actually paid --but for which I've never received anything. I only contacted them now because it's a professional membership--which, because of the association's lapse, I'm no longer eligible. I will get the refund. Consumer protection & advocacy is my thing.
I think this is also a violation of the Americans with Disabilities Act--20 years old this week.
"The ADA states that morbid obesity, which is defined as weighing more than 100 percent over the norm, is considered a disability if it substantially limits, has limited, or is viewed as substantially limiting a major life activity. These activities include walking, sitting, lifting, breathing, and standing -- any activity that the average person can perform with little or no difficulty."
This one's good for Oklahoma Attorney General W.A. Drewondson's Office:
"To receive help from the Attorney General's office, you must fill out and return a complaint form. Our consumer complaint form is now available through this website. You may file on-line, or you may download the form, fill it out and mail it to the address on the form.
When filing a complaint with our office, remember the following:
Please Refrain From Calling For a "Status Report". You will be notified as your complaint progresses through the complaint process.
You May Be Referred To Another Agency. Often another local, state, or federal agency will have the legal authority or more expertise than our office to handle a particular consumer problem.
The Attorney General Cannot Act as Your Private Attorney. State law prohibits our office from giving individual citizens legal advice, opinions or acting as their private attorney. If you feel you need legal advice, you will have to turn to a legal aid society, private attorney, or other organization.
"The Attorney General Can Only File Suit To Protect The Public Interest. We cannot file a lawsuit whose only purpose is to recover money or property for you. We can file suits against companies that violate the laws protecting consumers. These lawsuits are filed to protect the public, not private interests."
It could be very easily argued that the gym is blocking out persons with disabilities
A little pointing this out in a well-crafted letter and I'd have the woman Sweatin' to The Oldies again.
I've taken on much bigger and been right. No law school required.
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M$
I want to give my answer a little substance, because I went back and looked at the article that's at the link you provided.
"Since she won't be allowed to make use of the equipment, Ruiz has since tried to get out of her contract without having to pay a cancellation fee. And while it's rare to cancel a gym contract without having to pay the penalty, the gym finally agreed to let it go. Uh, that's a nice gesture, we guess, but shouldn't the gym have told her that she was over the weight limit when she signed up, to avoid this pretty humiliating situation?"
No, they should not have. If the gym wanted to enforce the weight limit, and legally not be liable, they'd be smart and just put up signs that say "FOR SAFETY REASONS, TO PREVENT INJURY, PLEASE DO NOT EXCEED MANUFACTURERS' WEIGHT LIMIT POSTED ON EQUIPMENT." With the application for membership there would be a "release," which would include, "I agree to abide by all posted rules of the gym.
You forgot the link to the full story:
http://www.newson6.com/global/story.asp?s=12593024
It's already in the news that they asked her to get off the bike, but it says that she was told she's overweight--NOT that she exceeded the max for the machine.
Maybe she was told that, maybe she wasn't. Either way, the story from News 9 says this: "The gym's owner said Ruiz had been told she couldn't use certain equipment for her safety, but Ruiz said she was never told that."
Calls from the credit card company if she used one and disputed the charge, The Oklahoma Attorney General's Office on a Consumer Complaint, the county's Consumer Protection Division (apparently the city lies in several counties, according to Wikipedia), Oklahoma City Mayor Mick Cornett's Office, News Radio 1000 KTOK,NewsTalk 1520-KOKC, a student from KOSU-FM wanting to do a story, KFOR-TV, KOKH-TV 25, a follow-up story by Channel 6-KOTV, and appearance nationwide in any publication that may have caught whiff of it from any wire service it might go over the wire--pick one, AP, Reuters, etc.--as a result of any of those stories would not be good for business--even if they were right.
How does one defend one's self from it? As expected, "The owner said two weeks ago he had already decided to let her out of her contract and now because of the unusual circumstances, he's also waiving the cancellation fee."
Smart guy.
This from someone who was well above 300 lbs and has since lost over 60 lbs.
As for lemondrop.com, I don't exactly give too much credibility to Emily Tan, who ended the blog post with this: "Anyway, last we checked, the fact that you're not as buff as you want to be is why you go to a gym in the first place," is pretty closed-minded. Being "buff" is not necessarily the goal; being healthier is. Emily Tan must have a hell of a body. Apparently, none of it lies between her ears.
Put it up against her other posts to see her shining brilliance.
http://www.lemondrop.com/bloggers/emily-tan/
Among them:
"How Young Is Too Young for Plastic Surgery?"
"Dating Brian -- 23-Year-Old Guy Lets Twitter Decide His Dating Life"
"Scientists Develop Breakup Test"
"How 'Twilight' Fever Is Affecting Marriages Across America"
"84-Year-Old Woman Reunites With High School Sweetheart and Weds"
"Booze Cakes -- Fourth of July Recipes to Get Everyone Buzzing"
"Infamous Runaway Bride Finally Gets Hitched"
and...wait for it...
"A Controversy Over Curves -- Woman Fired for Being Too Hot"
...a sympathetic-enough sounding story about how upset the woman is about being fired. Ms. Tan's post ran with the first picture below. The woman was fired from Citibank--not exactly a small company whose HR and legal departments, would take harassment lightly. The post referred to this Village Voice article:
"Is This Woman Too Hot To Be a Banker?"
http://www.villagevoice.com/2010-06-01/news/is-this-woman-too-hot-to-work-in-a-bank/
The Village Voice article has 26 pictures to go with it--scroll through them. Emily Tan's post contained the this one. Way to throw fuel on the fire, Em.
She apparently doesn't fit in their coop.