Missouri AG to investigate gym chain that let a man use women's locker room
Missouri Attorney General Andrew Bailey accused a Life Time Fitness center of valuing political correctness over safety following reports that the gym allowed a man who identifies as female to change in the locker room intended for women and young girls.
Bailey announced the investigation into Life Time Fitness in Ellisville on Friday after receiving multiple reports from his constituents that the gym reportedly ignored members' safety concerns and instructed them to use the male's "correct pronouns."
Bailey served Life Time Fitness with a notice that it is now under investigation for policies that allegedly enable criminal behavior.
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"As Attorney General, I will vigorously defend and enforce Missouri's laws. You face both potential criminal and civil liabilities, and you can expect to receive civil investigative demands from my office in short order," Bailey stated in the notice of investigation. "If you insist on endangering women and young girls in our state, in open defiance of the law, be assured you will face the consequences."
Citing the 2015 case State v. Girardier, Bailey argued that the Missouri Court of Appeals confirmed a man entering a restroom with clear markings intended for women is a form of trespass. The court determined that Charles D. Girardier III knowingly entered and refused to leave a women's restroom in violation of Section 569.140 of the Revised Statues of Missouri.
"Additionally, a male who exposes his genitals in the presence of others in the restroom may be subject to further criminal liability for multiple sexual offenses, including sexual misconduct in the first degree and the felony offense of sexual misconduct involving a child," Bailey stated in his notice of investigation, citing statutes 566.093 and 566.083.
"Your policies are enabling potentially criminal behavior, and I am writing to assure you that it will not continue on my watch."
Republican Missouri State Rep. Justin Sparks of the 110th District also raised awareness about the issue in a Thursday statement calling for an investigation to determine if illegal activity occurred and if Life Time Fitness failed to notify law enforcement.
According to Sparks, the biological male could have entered the locker room when minors were present. The state representative also noted that the man presented a state-issued license that identified him as female.
"The use of this facility by the individual in question raises significant concerns about the safety and privacy of all members, particularly minors," Sparks stated.
The name of the individual who used the women's locker room is Eris Montano, First Alert 4 reports. Before he joined the gym, Montano changed the gender marker on his driver's license from male to female.
Montano told the outlet that he was "glad" the gym would allow him to use the locker room intended for women. Before the announcement of the investigation, Montano said that another gym member confronted him about changing in the women's locker room but insisted that other members had supported him using the women's facilities.
"There have been way more people in the locker room who have come up to me to give me hugs and tell me I belong there," he said.
In response to an inquiry from The Christian Post, a Life Time Fitness spokesperson attached a copy of Missouri's Gender Designation Change Request form. The spokesperson insisted that the health club complies with the law.
Highlighting the State v. Girardier decision that Bailey cited in his notice of investigation, the spokesperson argued that the man involved in that case possessed a state-issued ID identifying him as male.
The spokesperson contended that contrary to the appellant in that case, the man who entered the women's locker room at the Life Time Fitness center in Missouri had a state-issued ID identifying him as female.
"These stories without the full context continue to create strife and polarization, fueling more reasons why we are where we are as a country," the spokesperson continued. "We respect the varying opinions that people have on this topic and are empathetic, yet the fact is that in many instances, companies are caught in the middle when it comes to following the law in order to remain open."
"For people with strong convictions about this and other issues, we encourage them to go directly to their legislators, representatives, and other government officials to drive change."
In a statement, Life Time Fitness insisted that its centers review a person's state-issued IDs when they join the gym.
"The State of Missouri provides a mechanism for an individual to change their gender designation on their state-issued drivers' license," the company stated. "In this instance, the member presented a state-issued drivers' license identifying as female and, based on Missouri laws, we cannot deny or discriminate on the basis of sex."
Due to this mechanism, Life Time insisted that Montano be allowed to use the women's locker room. The health club chain assured that it is "committed to providing safe, welcoming and respectful environments."
"To the extent we receive reports of conduct inconsistent with our club policies, we review and address them," Life Time stated. "We encourage members who believe they've experienced a policy violation to inform a member of our club management team and, as appropriate, contact local authorities. The safety and security of our members and guests is paramount."
A similar controversy erupted earlier this year after a Planet Fitness in Alaska revoked the membership of a woman who complained about about a man shaving in the women's locker room. A video of the woman recapping the incident went viral after Libs of TikTok retweeted it.
In the video, the woman said she understands the man identifies as a woman, but he is still a man in a private space for women. She added that she "love[s] [the man] in Christ," but she isn't comfortable having a man in the women's locker room.
Samantha Kamman is a reporter for The Christian Post. She can be reached at: samantha.kamman@christianpost.com. Follow her on Twitter: @Samantha_Kamman
