Concord Planet Fitness Bathroom Controversy Puts Statehouse Bill Battle In Spotlight

By Michael Graham, NH Journal

The story of a woman getting kicked out of the Planet Fitness in Concord for complaining about a man in the locker room has made national news.

It’s also creating potential headaches down the street in the State House, where Republican legislators are ready to yet again pass legislation protecting women’s spaces from men who identify as transgender.

And Gov. Kelly Ayotte is ready, yet again, to veto it.

Judy Walcott “encountered a man in the women’s locker room getting ready to shower,” according to her social media posts and multiple media interviews.

“I was visibly trembling, told staff I was uncomfortable, but I was told nothing would be done because it was ‘policy.’” She says she was also accused of being “transphobic.”

After her complaints, she had her membership canceled for a “policy violation.” Walcott claims she was later charged for another month’s membership despite being banned from the facility. When she went to Planet Fitness to confront the manager and demand a refund, they called the police, and she was ordered to leave.

“That’s how they treat members who are worried or uncomfortable. I don’t hate anybody. I just want some privacy,” Walcott said.

None of this has been corroborated by Planet Fitness because, in the month since the first incident occurred, the company has declined to respond to all media requests about Walcott’s story.

However, her tale echoes previous stories of women who’ve encountered men who identify as female in Planet Fitness women-only spaces.

In Midland, Mich., Yvette Cormier encountered a biological male in the women’s locker room. Unhappy with the gym’s policy, she complained to management and returned on subsequent days to continuously warn other female patrons about the presence of a transgender woman in the facility. Planet Fitness revoked her membership, stating that her behavior was disruptive and violated the company’s “Judgement Free Zone” policies.

In Fairbanks, Alaska, Patricia Silva found a biological male shaving at the sink in her women’s locker room at Planet Fitness. She confronted him, took video of him in the women’s facility and posted it on social media. Her membership was canceled as well. The company said it was over its strict mobile device policy, which prohibits taking photos or videos of individuals inside the locker rooms in order to protect member privacy.

Add these stories to the reports of biological males using female spaces at public high schools across the country — including cases that have led to allegations of assault — and it’s hard for opponents to argue that this isn’t an issue.

Last July, Ayotte vetoed a bill that would have allowed policies banning males from female spaces “based on biological sex in lavatory facilities and locker rooms, sporting competitions, and detention facilities.”

In her veto statement, Ayotte wrote: “I believe there are important and legitimate privacy and safety concerns raised by biological males using places such as female locker rooms and being placed in female correctional facilities. At the same time, I see that House Bill 148 is overly broad and impractical to enforce, potentially creating an exclusionary environment for some of our citizens.”

Sen. Bill Gannon (R-Sandown) told NHJournal last month that he has a version of the so-called “bathroom bill” that Ayotte will sign. But Ayotte has recently suggested she’s still not on board.

“The bills that they keep sending me, they sent to Gov. Sununu as well, he vetoed it, I vetoed it,” she told WMUR this weekend. “They have really come up with very overbroad solutions that I think are going to cause a lot of issues in the state. The solutions they’ve sent me really don’t solve this problem.”

And, with no primary opponent and Democrat Cinde Warmington supporting biological males in women’s sports and spaces, Ayotte is unlikely to face any political consequences for staying on the unpopular side of this issue.

And yet, as the Walcott case shows, the problem is there. What happens to Ayotte if there’s a physical assault or a minor child is exposed to a nude adult here in New Hampshire?

Walcott says she is “stunned at the support I’ve gotten from strangers, reporters, and politicians” since going public.

Will the Ayotte campaign be stunned by the reaction of voters to another veto?

This story was originally published by the NH Journal, an online news publication dedicated to providing fair, unbiased reporting on, and analysis of, political news of interest to New Hampshire. For more stories from the NH Journal, visit NHJournal.com.