Can You Refuse Customers in Poor Health?

A Florida court's decision supports a fitness center's right to exclude members from activity based on their health status.

A number of fitness facilities have been faced with the issue of whether they could permissibly exclude certain individuals from participation in various activities based on those individuals' medical conditions. Most often, these issues arise when such individuals are identified by facilities during pre-participation screenings. The question centers principally on the exclusion of identifiable individuals from participation, or the placement of limitations on activity in light of those legal protections provided by the Americans with Disabilities Act (ADA), and similar laws and regulations at the state level. Even though the ADA and various regulations adopted thereunder permit exclusion of individuals from participation in various activities based on their potential risk of injury to others, and while the law's terms and the regulations allow the implementation of safety requirements, the ADA does not specifically provide guidance as to the exclusion of individuals from participation based on their own health status. The issue boils down to whether individuals may permissibly be excluded from activity based on the potential threat that participation may cause to their own safety.

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