The Planet Fitness fitness model who was filmed stripping naked for the first time in public and being filmed by her male counterpart in a public gym is suing the company, claiming she was discriminated against by the company and that the filming was illegal.
The video of the naked woman was posted to Instagram on January 11, 2017, with the caption “HAPPY NEW YEAR!!,” a reference to the holiday marking the beginning of the new year.
In a court filing Monday, the plaintiff’s lawyer, Paul Gagnon, alleges the company’s “gross, unlawful and discriminatory” conduct violates her First Amendment rights, including freedom of expression, due process and equal protection.
In an interview with the New York Daily News, the lawyer, Gagnons attorney, Peter Zwierlein, said the naked naked woman “had no choice but to be naked in front of her fans, and that she has no expectation of privacy whatsoever in her public image.”
“The nude woman is being filmed naked in the company gym for the very first time, in front a crowd of thousands,” he said.
Zwierles claims the Planet Fitness management, which was not immediately available for comment, “did not take any action to stop the naked model from participating in the photo shoot.”
In an email to Reuters, a Planet Fitness spokesperson said the company takes “sexual harassment and violence against women very seriously and we are committed to providing a safe environment for our employees.”
“We are aware of this matter and are working to ensure the woman in question is afforded the respect and dignity she deserves,” the spokesperson added.
“We have always been committed to treating our employees with respect, and are committed and committed to continuing to provide our customers with the best value.”
Gagnon said the Planet fitness model filed a lawsuit against Planet Fitness, the owner of Planet Fitness gym in Dallas, and the company manager, who the lawsuit named as well as Planet Fitness’s parent company, the United Fitness Group.
He said the suit was filed on behalf of the plaintiff and also seeks unspecified damages.
In January, Planet Fitness filed a similar lawsuit against an unnamed employee.
Zwarlein, who is representing the plaintiff, said in the lawsuit that “a Planet Fitness employee took the naked plaintiff to the gym naked to show her how she could get away with doing nothing in front the Planet.”
“A Planet Fitness member also took naked naked plaintiff and another Planet Fitness worker to a Planet-owned fitness center,” he added.