Foster v. Back Bay Spas, Inc.

This motion for summary judgment arises out of plaintiff James Foster’s action to require the defendant, Back Bay Spas, Inc., dba Healthworks Fitness Center, to allow him to join the health club. The club does not admit men. Foster argues that this policy violates G.L.c. 272, §§92A and 98 (“public accommodations statute”). For the reasons set forth below, the plaintiffs motion is ALLOWED.

BACKGROUND

Plaintiff James Foster (“Foster”) is a male resident of 130 Dartmouth Street in Boston. Defendant Back Bay Spas, Inc. d/b/a Healthworks Fitness Center (“Healthworks”) owns and operates a health club…