Foster v. Back Bay Spas
Massachusetts Superior Court
1997 Mass. Super. LEXIS 194 (1997)
- Written by Sharon Feldman, JD
Facts
Back Bay Spas, Inc., d/b/a Healthworks Fitness Center (Healthworks) (defendant) owned and operated a Boston health club that only accepted women. Healthworks was developed and designed for women, and many of its members based their decision to join on the fact that the club was open only to women. Many members were older women who had experienced body changes and felt intimidated exercising in the presence of men. Others were concerned about being watched by men while exercising or had religious concerns about exercising in a coed setting. James Foster (plaintiff) was denied membership at Healthworks because he was a man. Foster brought an action to require Healthworks to allow him to join, arguing that the club’s refusal to admit men violated the Massachusetts public-accommodations statute, which prohibited discrimination based on sex. Foster moved for summary judgment. Healthworks claimed that women had a privacy right to exercise in an all-female facility.
Rule of Law
Issue
Holding and Reasoning (Burnes, J.)
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