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Sex Discrimination in Health Clubs
SB 176 is designed to allow gender-based health clubs to provide services to members wishing to exercise in the presence of only persons of their own gender. Under the Alaska Constitution, Article 1, Section 22, the right of the people to privacy is recognized and shall not be infringed. The Alaska Human Rights Commission (AHRC) filed an action against the Anchorage Women's Club stating the Club unlawfully discriminates against men because the Club is a place of public accommodation. The AHRC based their decision on AS 18.80.230 which states that in places of "accommodation" it is unlawful to refuse, withhold from, or deny to a person any of its services, goods, or facilities based on sex. However, health clubs are not referenced in AS 18.80.300 (14), and are not places of accommodation. SB 176 establishes that health clubs are not designed for public accommodation and have no public policy interests. Gender-based health clubs offer a secluded environment allowing people to feel more at ease in what is often an intimidating setting. Through this measure, Alaska will recognize the unique setting of a male-only or female-only health clubs based on membership and employment. This bill in no way excludes any individual from the opportunity to exercise or work at a co-ed health club. SB 176 will allow private clubs to offer a comfortable environment in which individuals can work toward their personal health and wellness through exercise and sport surrounded by persons of their own gender.
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Senator Pearce's Page
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