Am I being discriminated against?

UPDATED: May 13, 2009

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Am I being discriminated against?

I am a Marine who is active in Physical Fitness, I would like to Join a Gym in Hilliard OH where my ex wife works because it meets my needs for a return to combat readiness. I discussed joining this gym with the ex wife and she stated she would have me arrested for harassment. I have never made any vocal or written threat against her or her family. She stated if I tried to join the staff at the gym would 1. not allow me to join and 2. would escort me off the premises. Am I being discriminated against do would she has a legitimate harassment issue and could they deny me a membership or access.

Asked on May 13, 2009 under Criminal Law, Ohio


Robert Pellinen / Law Offices of Robert Pellinen

Answered 13 years ago | Contributor

Lucky for you your ex-wife is not the vindictive type.  In order for you to get arrested for "harassment" she must have a restraining order against you saying you can't bother her, or usually it says stay away from her at her place of employment when she is working. But it is not easy to get such an order.  She would have to go to court and obtain a temporary restraining order (TRO) based on a declaration signed by her under penalty of perjury.  Then you have to be personally served with the court order. But that order can be contested by your when the court sets a date for the permanent order.  You have various rights to tell your version of the events and you will be asked to file a "response" when the order is personally served on you by an uninterested party. IN other words, if she serves you, the service is invalid and could void any court orders. Service by mail is not enough for the court to have jurisdiction over you unless you voluntarily make an "appearance" by filing a response to the false charges against you.

In sum, unless you are ordered by the court, in your divorce conditions or later by a restraining she cannot do anything to you or have you "escorted off the premises."  But the gym does not have to let you join for reasons other than race, creed, etc.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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