Tribunal ‘ puts boots’ to Surrey gym

Platinum Athletic Club ordered to pay $ 1,916 to customer who was ejected over footwear policy

A Surrey gym has been ordered by the B. C. Human Rights Tribunal to pay $ 1,916 to a customer who was told he couldn’t wear boots while exercising because it violated the gym’s dress code.

The customer, Keith Wollenberg, had wanted to wear hiking boots during one exercise routine at Platinum Athletic Club because of a tendon disability.

He had worn the hiking boots at other gyms and was never questioned about it, Wollenberg said.

But when he asked permission at the Platinum Athletic Club, the gym refused to accommodate him by varying its dress code policy. So he decided to perform his “lunge” exercises at another gym and filed a complaint of discrimination based on his physical disability.

Wollenberg testified that after he raised his complaint against the gym, he was threatened with having his membership “reviewed,” which didn’t make him want to attend the gym as often.

No one from the gym attended the tribunal hearing earlier this month, so Wollenberg’s complaint was accepted as justified.

Trenton Davies, the owner of the gym, described the ruling as “mind- boggling,” but said he will allow Wollenberg to wear his boots at the gym. He said he plans to apply for a judicial review of the tribunal decision, hoping to have it set aside.

“I was very surprised by the ruling,” he said in an interview Wednesday. “The whole thing is mind- boggling to me. I don’t see how this ended up as a human rights issue.”

Davies said he also wasn’t aware he had to attend the hearing; he thought he just had to present the gym’s position, which was that hiking boots didn’t comply with the dress code.

Wollenberg testified he has been active in athletics and fitness activities for 30 years.

He works out three days a week for about 90 minutes each time to exercise different parts of his body. He does bench presses, cable rowing, sidearm raises and lunges.

The lunge involves a barbell with lighter weights held across the shoulders and behind the neck. One foot or leg lunges forward like in “fencing,” with the back knee almost dropping to the floor.

But during the past four years, Wollenberg said, he has experienced increasing discomfort when he wears normal gym shoes to perform lunges because of his incipient arthritis. He gets a sharp pain at the base of the big toes on both feet and experiences a dull ache for a day or two, which affects his walking.

His physiotherapist recommended Wollenberg wear hiking boots for this exercise so that his feet would remain more rigid, alleviating the pain. He has been doing this since 2009, when he suffered a judo injury.

The hiking boots are a half- boot with a rigid rubber sole. Wollenberg would change into the boots to perform lunges at other gyms, then change back to his athletic shoes.

Bernd Walter, chairman of the B. C. Human Rights Tribunal, ordered the gym to cease contravening the human rights code and pay Wollenberg $ 400 to compensate him for his reduced use of the gym, $ 500 for lost wages to pursue his complaint, $ 16 for parking to attend hearings, plus $ 1,000 for injury to his dignity, feelings and self- respect.

The full decision is online at http:// bit. ly/ KCY0ST.