A man who says he has a sex addiction had his human rights complaint dismissed after alleging he was discriminated against when he was banned from a White Rock yoga studio.
According to a BC Human Rights Tribunal application to dismiss, Erik Rutherford said he attended classes at Westcoast Hot Yoga for over 10 years. When he asked for coaching services from one of the studio’s employees who has her own outside business, however, he was turned down.
Background in the dismissal application says Rutherford had told the coach “he was seeking help with sex addiction,” but the coach said this wasn’t her field of expertise. He also opened up to other staff about his former experiences with addiction.
Rutherford added that he had reached out to the coach “out of trust as she had offered her health coaching business to me as she had male clients from our studio, but admittedly I contacted her partly due to my mental disability as she is an attractive healthy woman.”
After asking for coaching help and telling staff about his addiction background, Rutherford alleges he was discriminated against by staff, saying they looked at him differently, gossiped about him and eventually wouldn’t let him take yoga classes at the studio.
The yoga studio, however, said their decision to not allow Rutherford to attend classes anymore had nothing to do with his mental health.
Instead, Westcoast told the tribunal that Rutherford “began phoning, texting and emailing Westcoast staff at all hours, making staff and some clients uncomfortable,” after his coaching request was denied.
The yoga studio went on to say that the reason he was asked to practice somewhere else was because he didn’t “stop harassing (them) with emails and false accusations against teachers.” The yoga studio even went so far as to speak to police for help.
Tribunal documents show that, on May 13, 2018, Rutherford sent an email to the yoga studio, stating he had talked to his 12-step advisor about the situation.
“My main thing is alcohol but only on vacation,” the email said. “My main issue is internet or cyber pornography that is not related to the studio. If I am paying for yoga, kindly tell your instructors to not silently judge.”
The next day, Rutherford attended a yoga class and later that afternoon, got an email response from the studio.
“I have had some very upset conversations this morning from my staff, in regards to voice messages left late last night and also teachers receiving messages from you late last night,” the email to Rutherford said.
“On Saturday I did have a lady concerned about you staring constantly in class … it makes people very uncomfortable, and your constant approaching (the coach) at all hours, and sharing your personal issues has made her and some other staff after your message very uncomfortable.”
The email went on to say that Rutherford’s recently purchased class pass would be refunded.
“Please do not send any further messages to all these parties, or there will need to have the police involved,” the email said.
The BC Human Rights Tribunal has the authority to apply for a complaint to be dismissed before it goes to a hearing, particularly if the tribunal member feels the complaint doesn’t “warrant the time or expense of a hearing.” In this case, tribunal member Emily Ohler explained she did not think Rutherford’s complaint would succeed.
Rutherford responded, saying his “disease is spiritual, mental, physical and social and financially void disease with many different facets and can easily display itself in sexual manifestations especially when abstaining from drugs and alcohol.”
He went on to say he hasn’t “used the dangerous chemicals since early 2003.”
However, when Rutherford spoke to a doctor to get a diagnosis for his mental health issues and submit a letter to the tribunal, the doctor did not supply a diagnosis. Instead, wrote that Rutherford “does not always recognize personal boundaries,” adding that “he was more likely barred because of some behaviour that either annoyed, scared or offended an instructor.”
In her decision, Ohler said she was “reasonably certain” the yoga studio would be able to prove in a hearing “that continuing to allow Mr. Rutherford to practice yoga at its studio in the circumstances would constitute undue hardship.”