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Mount Prospect, IL asked
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Civil Rights, Civil Litigation, Libel & Slander, Employment Law and Personal Injury for Illinois
Q: Can I sue my gym for civil rights violations and defamation after a verbal ban with no written notice?
Can I sue my gym in Illinois for civil rights violations after being verbally banned with no written notice? I had made legal requests to receive my client profile with internal notes and to preserve surveillance footage, which staff blocked. The verbal ban followed after I photographed defamatory comments in my profile, which falsely stated I made inappropriate comments and needed monitoring. I perceive these comments as discrimination based on mental status or disability. The ban has impacted my access to services, even though I paid through June 23rd, and has damaged my reputation due to staff gossip, affecting a creative project with my personal trainer. I have confirmation of the ban from corporate. What are my legal options?
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James L. Arrasmith
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A:
You can start by demanding in writing that the gym produce your full client file and preserve any surveillance footage, and ask for a formal review of your ban under their membership agreement. If they refuse to honor those contractual rights, you could sue for breach of contract or file a petition for injunctive relief in Illinois court to compel production of the records and halt enforcement of the ban.
Because the internal notes falsely accuse you of inappropriate conduct, you may also have a defamation claim—those statements, if untrue and published to staff or other members, can support a suit for reputational harm. Keep copies of the defamatory profiles and any evidence of gossip or lost opportunities (like your trainer project) to quantify damages.
Finally, if you believe the ban is rooted in discrimination based on mental health or disability, you can file a charge with the Illinois Department of Human Rights or the EEOC under the Americans with Disabilities Act. That administrative route is required before bringing a civil lawsuit for civil-rights violations, and it can force the gym to address your claims of unequal treatment.
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