A Portage County health club agreed Thursday to pay $15,000 as punishment for revoking the memberships of a disabled woman and another member.
The owners of the Total Lifetime Care Health & Fitness Club in Garrettsville also agreed to reinstate the two memberships, to allow the disabled woman to be accompanied to her workouts by a caregiver, to train employees not to discriminate, and to post signs proclaiming that the club does not discriminate.
The health club reached the settlement as the result of a consent decree filed in federal court pursuant to the Americans with Disabilities Act.
“This settlement will ensure, regardless of whatever challenges a person faces, they will be able to enjoy the benefits of fitness and exercise,” said U.S. Attorney Steven Dettelbach in a written statement.
The complaint was brought by Erika Collier and Andrew Krcmar, the chief executive officer of Whitehaven Farm, a private residential facility for people with developmental disabilities where Collier is a resident.
They accused the health club of refusing to allow a Whitehaven Farm employee - who wasn’t a member of the health club - to assist Collier in her workouts at the club in October, 2010.
After Collier and Krcmar complained that their treatment was in violation of the Americans with Disabilities Act, health club officials terminated the memberships of Collier and Krcmar’s wife, Pamela, who had been a member.
The ADA prohibits health clubs from discriminating against people with disabilities, and requires that they “afford full and equal enjoyment” of their facilities to the disabled.
The Department of Justice and the Ohio Civil Rights Commission investigated the allegations, and the Justice Department filed a complaint in U.S. District Court in Cleveland alleging discrimination and retaliation by the health club.
Eight thousand dollars of the health club’s settlement will be paid to Collier; $2,000 will be paid to Pamela Krcmar, and $5,000 will be paid to the Department of Justice, according to terms of the consent decree.
Club officials and their lawyer did not return calls for comment Thursday.