A Canadian membership club has been fined $26,000 for forcing an autistic artist to have a carer after he was caught rummaging through another patron’s bag.
Toronto’s Granite Club has been hit by a lawsuit after it imposed the confinement on Niam Jain, 20, when a customer claimed he was naked and growling while rummaging through his belongings.
He and his mother, Nina, filed a complaint with the Ontario Human Rights Court over the 2020 locker room incident.
The watchdog has now ruled in his favour, criticizing the club for not taking his disability into account and not recognizing common autistic behaviour.
Artist Niam Jain, 20, filed a complaint with the Ontario Human Rights Court after being told he required supervision at all times at the Granite Club of Toronto
The club has since been ordered to remove Jain’s custodianship, upgrade its human rights training and pay the $26,000 in damages
“We felt this undermined all of his accomplishments, his hard work and his efforts to be independent,” his mother, Nina, told CTV.
The club was ordered to waive Jain’s obligation to have a carer, provide alternative housing for Jain, improve its human rights training, and pay damages up to a maximum of US$26,000 (CAD$35,000).
Located in Toronto’s Bridle Path area, The Granite Club, which was founded in 1875 and charges annual dues of $2,250 after a $22,500 joining fee, has said it is committed to providing an inclusive space for all members offer, and intends to fully comply with the decision.
Jain had been a regular user of the club for the two years prior to the incident. His family had been a member since 2008.
In February 2020, member Andrew Gage testified how he had seen Jain naked going through his personal belongings and making strange noises in the club’s dressing room.
“We felt this undermined all of his achievements, hard work and efforts to be independent,” Niam’s mother, Nina, said in an interview
Niam Jain is a young, talented, award-winning abstract artist based in Toronto. He also has autism and is mostly nonverbal
Gage confronted Jain and accused him of inappropriate behavior.
Another member reported overhearing the confrontation and expressed concern it might escalate into a physical altercation.
Gage explained to a manager that he, along with other members, paid a significant amount of money for their membership and did not expect this type of behavior in the dressing rooms.
Gage also threatened to contact the police if the situation was not addressed.
The club then conducted an internal investigation, gathering testimonies from other members, staff and the Jain family.
The Jains suggested alternative solutions such as implementing signage and providing a designated bench for Jain as part of its routine to avoid possible disruption to other members.
Located in the Bridle Path area of Toronto, the Granite Club was founded in 1875 and charges $3,000 in annual dues after a $30,000 joining fee
The Granite Club is a private athletics club in the North York area of Toronto
Instead, the club decided to minimize the risk of similar incidents by requiring Jain to be under supervision at all times while at the club.
The Jain family alleged discrimination and filed a complaint with the Ontario Human Rights Court in response to the club’s decision.
Although the family could have remained anonymous, they chose to speak publicly in hopes of raising awareness of organizations’ duty to accommodate people with disabilities.
The ruling found that the club’s decision to require Jain to have a carer present was taken to appease Gage, the only member out of 11,000 total members to have complained about the incident.
It also ruled that the club should have instead put in place other precautions such as signage and a new bench in the dressing room, improved its human rights training and paid the maximum US$26,000 (CAD$35,000) in damages.
The Granite Club said it is committed to providing an inclusive environment and plans to comply with the Ontario Human Rights Court’s ruling.
Niam Jain was diagnosed with autism spectrum disorder – a disorder of social communication – at the age of two and still has minimal language and comprehension skills
Niam expresses himself through his paintings. His daily experiences, interactions and perspective on the world are filtered through an acrylic on canvas lens
“We are finalizing plans to address the concerns raised during this process so that the club’s community with disabilities always feels welcome,” Mary Elizabeth Sullivan, the club’s chief executive officer, told CTV.
The venue violated Ontario’s human rights code, said Jenn Bontorin, one of Jain’s attorneys, Jenn Bontorin.
“The imposition of this requirement was really hasty and based on discriminatory conclusions and deprived him of his autonomy,” Bontorin said.
The ruling should be a clear lesson for organizations to listen carefully and investigate thoroughly when confronted with someone in need of shelter, said Brian Greenspan, another member of Jain’s legal team.
Jian is an autistic artist who has sold hundreds of paintings worldwide
At the hearing, it was explained how Jain would express himself through “stims” — a repetitive calming behavior like clearing his throat, or repetitive actions like rocking, hand flapping, finger snaps, and making noises that can be misinterpreted by others.
“What was misconstrued as sexualized behavior in the men’s locker room, I believe, was nothing more than the applicant’s stimming in response to Gage’s verbal threats,” Judge Romona Gananathan wrote.
“The requirement for a caregiver is not a housing sought or demanded by the claimant, but one imposed by the respondent based on their own need to appease a disgruntled member,” she added.
The decision was praised by autism charities in the area, calling it an “inspiration” for the family’s courage.
“Sometimes people with autism present themselves in ways that are puzzling to people. But it is the nature of autism for certain individuals. We need to learn what it means to be human, to the fullest,” said Marg Spoelstra of Autism Ontario.
“There is no reason to disfellowship someone because they may be acting clumsily. That’s a strong message,” she said.