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What happened?

I am a mum of two daughters aged 11 and 13. I feel passionately that they, their friends and all girls should have access to single-sex toilets and changing rooms.

Seven years ago my family joined David Lloyd Leisure York.
We had chosen this club specifically because of our two young daughters (then only 4 and 6) and it was sold to us as family-friendly.

Recently we became aware of growing confusion about boys who identify as girls accessing girls toilets and changing rooms in schools.

This prompted me to ask the operations manager at our club this question: Does our family membership also includes the prospect of our daughters being naked in front of, and alongside, naked, adult men whilst using the “female” signposted changing room?

It took weeks to get a reply. Over and over again I was told that the centre treated everyone with respect, that decisions were made on a case-by-case basis so that everyone was comfortable. I just kept asking the same question again and again, without getting an answer.

 

 

The operational manager kept saying that she needed to get an answer from head office to be sure that she was getting it right.

What I didn’t know – but she did – was that there was in fact a male member of the club who was transitioning. It had already been agreed that he would use the enclosed unisex/family changing area until fully transitioned – whatever that meant – and from that point on he would be welcome to use the female changing room.

In March 2023 I received a letter from the David Lloyd regional manager. It said: “Whilst you ask for a straightforward answer of yes or no the answer relates to a topic that is anything but straightforward and David Lloyds maintain to seek the balance of needs and concerns of individual members at club level.”

At a meeting in April 2023 we were shown the UK Active guidance adopted by David Lloyds Leisure. This allows members to access changing rooms according to their “gendered appearance”. No one at the meeting was brave enough to describe what that might actually look like!

I asked if this guidance had recently been adopted. But the David Lloyd staff were adamant that they had always followed UK Active guidance, and this had always been what it said.

Finally we were told that should I or my daughters feel intimidated, threatened or unsafe we should report it immediately to management.

Our girls are 11 and 13. They would be so shocked and humiliated at seeing a man’s penis in their female changing room I doubt they would want to tell anyone, let alone make a complaint. This is clearly not a family-friendly policy.

In accordance with our gender-critical beliefs, we do not accept that a man can become a woman in order to access the female single-sex spaces our daughters are using. I don’t accept compromising women’s and girls’ privacy and dignity in the name of “inclusivity”. It’s not inclusive of us.

Had David Lloyd Leisure made their changing room policy clear to us up-front we would never have joined. We have since taken our daughters and our business elsewhere, namely to Bannatyne Health Club. I have asked them the same question, and they do protect single-sex spaces on the basis of biological sex.

Please support me in holding David Lloyd Leisure to account for misleading their customers. I hope by taking this action we will send a strong message to anyone sacrificing women and girls right to privacy and dignity in the name of 'Inclusivity'.

Thank you very much.

Emma

All unused funds will be shared between Sex Matters, Fair Play For Women, Women's Rights Network and Standing for Women'.

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Comments section

Jackie Thank you from Aberdeen, Scotland x

Kenneth Glad to help in your fight against this evil cult.

Debra Good luck Emma. I had the same issue with Virgin Active.

Sheila Fight the good fight!!

Michelle Thank you and good luck.

Marie I support you Emma! I have five granddaughters and the two eldest are almost 11 and 10 years of age. I fear for what the future holds for them when the rights/protection of women and girls disregarded at best and under attack at worst. Well done for standing up for women and girls.

CJ Thank you for having the courage to stand up for women and girls. I wish you every success.

Michael Good luck with your worthy cause. I hope my small contribution will go some way to help you succeed in a BIG way.

Rachel Good luck Emma.

Jo DL is discriminating against women and girls by allowing men into their changing rooms. Why does it not make it clear to females that males are allowed in their changing rooms? Good on you Emma for adding the cases that will clarify the law.

Elizabeth Thank you. I no longer feel safe at my new local pool especially when I take my five year old grandaughter. There are NO separate areas and the cubicles have a large gap underneath. Who is listening to us? Hopefully you will win and start a precedent so I feel safe (not having to go into surveillance/checking mode) and relax again in a area exclusively for genetic XX.

Louise Well done you, Emma! And thank you for taking this on.

Prue Thank you for standing up for women's and girls safety that is being so compromised by the dangerous indoctrination of trans inclusivity. Let them have their own safe spaces, they cannot have ours!

Sue Thank you for doing this - on behalf of all who think like-mindedly.

Dominey Thank you Emma for your tenacity and for ‘reading the bits that other people don’t read’ (New Culture Forum podcast). We also have two daughters, each a year older than yours, and I too have come up against various authorities on this issue. I shall be following your case with interest. Good luck!

Michelle Thank you Emma! Maintaining female-only change-rooms and toilets is hugely important to me. As is truth-telling…If organisations allow M to self ID as women, but don’t make that clear at point of use, they are misrepresenting their facilities.

Irene The safety and protection of children must always be a top priority. Wishing you every success, Emma, your lawsuit.

Dusty Best of luck, Emma

Matt Good luck! You're doing something really important.

Carla Thank you Emma. We're right behind you.

Paul Wish I could do more but we need to fight this warped ideology. Hopefully, my small donation helps... 

Michelle Shame on David Lloyd for dismissing the safety of women and girls - good luck, Emma!!

Barbara Good luck

Tony Glad to help with this very important cause.

Julie Ann Good luck, Emma. I've had a very similar experience over several months with my place in Kent (The Club Company) where I've just terminated membership. They refused to answer my questions, fobbed me off with attachments on club policy that left me aghast, and the final email from the manager referenced her disappointment in me that I continued to raise the issue of a male in the ladies changing room - a matter she now considered closed. Chilling times. This derangement has to stop.

Campaign update: 1 April  2024

 

On 13th December 2023 I filed a legal claim against David Lloyd Leisure under the service provisions of the Equality Act 2010.

My claim:

Women and girls are disproportionately more at risk from self identification as the basis to access changing/locker room polices. There is unequivocal evidence that unisex, mixed sex or 'gender specific' changing rooms are far more dangerous for women and girls. When men are permitted into these spaces many women and girls will experience feeling uncomfortable, unsafe and on 'hyper alert'. Many of us will resort to self exclusion. We believe this is unfair and amounts to indirect sex discrimination.

https://fairplayforwomen.com/unisex-changing-rooms-put-women-in-danger/

The need to keep the sex's separate was highlighted in the recent DfE Draft Guidance for Schools re: Gender Questioning Children brought out in December 2023 "It’s important that single-sex spaces such as toilets, showers and changing rooms, remain single-sex, and schools should continue to ensure children aged 11 or older should not be made to get changed or wash in front of children of the opposite sex."

https://educationhub.blog.gov.uk/2023/12/19/gender-questioning-children-guidance-schools-colleges/

And

Indirect discrimination on account of my Gender Critical beliefs; I believe sex is immutable and binary, male or female. Furthermore, I do not believe in gender identity, a man's choice of clothing, hairstyle, makeup, medical, surgical procedures or GRC, are simply not relevant factors when accessing 'single sex' changing rooms.

On 1st March 2023 David Lloyd Leisure officially stated that people born male may use the female single sex changing rooms. This came as a shock to me, at no point during our membership were we made aware of a self identification policy , if we had, we would never have joined. I believe that David Lloyd Leisure are aware their customers mistakenly believe their single sex facilities are accessed according to sex (not gender) and this amounts to a breach of contract.

In January 2024 we received the defence claim from David Lloyd Leisure. We are currently processing the proposed allocation of track, which will determine the length of trial. We are looking forward to the opportunity to go to trial and to clarify what single sex means in law, this will likely be at the end of this year or early 2025.

Just this month, Planet Fitness in the US became infamous and faces financial ruin after being exposed for prioritising a mans comfort over the privacy and dignity of women, including that of a 12 year old girl (eu1.hubs.ly/H08jmm30 #PlanetFitness)

 

Clearly in 2024 it remains necessary and lawful to expect single sex facilities to be reserved for one sex only 'as a proportionate means of achieving a legitimate aim'. It is unacceptable for service providers to hide behind guidance which encourages otherwise, I believe this is especially egregious when customers are not being appropriately informed of the policy:

"Sex-segregated changing could be an option and a trans person should be permitted to use whichever single-sex area they choose." (UK Active, Version 5)

A very big thank you to everyone who has supported me in this action, incredibly we have raised almost £9000. My legal team is headed up by solicitor Elliot Hammer of Austin Branch McCormick. Thank you to everyone who has kindly platformed me on your channels, podcasts and radio shows, most recently Peter Whittle of The New Culture Forum in January: https://www.youtube.com/watch?v=H2N6-Xtu6ZI

We believe this is one of the first Gender Critical cases being brought on the grounds of the provision of services. It is our hope and belief that in taking this action we will set a precedent which will help guide other services providers on what is lawful which will ultimately help protect women and girls. Once my legal fees are covered all proceeds will be donated to women's rights organisations. For more details and updates of my case please follow me on 'X' @EmmaHardy196290

Thank you.

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