Kokua Line June Watanabe

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Single-sex fitness clubs OK for now

Question: I saw an ad on TV for a women's-only workout facility. Is this not sex discrimination?

Answer: It could be, but the issue really hasn't been put to test in Hawaii.

"A person who is denied goods, services, use of facilities, privileges, advantages or accommodations on the basis of sex can file a complaint with the Hawaii Civil Rights Commission," said William Hoshijo, its executive director.

But while there have been "inquiries" on the matter, such as ours, he said no one has filed a discrimination complaint against any single-sex fitness club in Hawaii.

Hoshijo explained that each state is allowed to determine whether such facilities are allowed; there is no overriding federal law governing this.

Six states -- Alaska, Illinois, Massachusetts, New Jersey, Tennessee and Wisconsin -- have passed laws allowing single-sex clubs, according to the International Health, Racquet and Sportsclub Association.

"A number of recent court cases have considered the issue, and, so far, single-sex clubs have been permitted to remain in operation," according to the association, but the issue basically "has yet to be fully resolved."

Although the association says that Hawaii, along with Colorado, New York and Pennsylvania, has "authorized" the operation of such clubs through administrative decisions, Hoshijo said that's not really true here.

He said that statement probably refers to the Hawaii law that prohibits discrimination on the basis of sex, except for privacy requirements.

Chapter 489-4 of the Hawaii Revised Statutes does say separate facilities or schedules "does not constitute a discriminatory practice when such separate facilities or schedules for female and for male patrons are bona fide requirements to protect personal rights of privacy."

However, Hoshijo emphasized that the exception "is very narrow," with the commission interpreting the statutory exception "to provide for separate restroom, shower, changing and locker facilities."

"I suppose it could be argued that (the exception) has a broader meaning, but on its face, that's a very narrow exception," he said.

While the commission has had cases regarding whether changing-room or locker-room facilities in a club were equal for men and women, there has not yet been a case challenging whether a fitness club can be only for women, he said.

There had been a local case, for example, in which a club had only one shower room. To comply with the privacy exception, the club scheduled different times for use of the locker and shower facility by men and women, providing equal access to both sexes, Hoshijo said.

"But in terms of, say women-only or men-only clubs, outside of that (privacy) exception, they could be subject to discrimination complaints," he said.

Unless a formal complaint is filed, the commission will not look into the matter of whether a single-sex fitness club is violating the anti-discrimination law based on sex.

"If there is a formal complaint, the commission would investigate and determine whether there is reasonable cause to believe that exclusion of men from the club or facility constituted unlawful discrimination," Hoshijo explained.

If a reasonable cause is found, the commission would then attempt a "conciliation," or settlement, such as a change in policy, to "correct any unlawful discrimination to prevent further harm," he said.

If conciliation attempts fail, the commission would litigate the case through its administrative process, he said.

Mahalo

To the exercise instructors who help us senior citizens keep fit and healthy. They tirelessly encourage us to keep our bodies in action and active, by their actions and example. Aloha! -- Roy Shigemura

Auwe

To the driver of the blue Scion who was heading north on Fort Weaver Road one afternoon last month. I guess with your stereo blaring so loud, you couldn't think to wait to get to a trash can to dump your McDonald's cup and soda. Instead, you dumped it by the roadside as you approached the H-1 overpass. How about keeping the noise down and thinking about where you toss your trash the next time? -- Jay Clark/Ewa Beach