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A Canadian members club has been fined $26,000 for forcing an autistic artist to have a supervisor after he was caught going through another customer’s bag.
The Granite Club in Toronto was sued after placing the restriction on 20-year-old Niam Jain when a patron claimed he was naked and grunting as he rummaged through his belongings.
He and his mother Nina filed a complaint with the Ontario Human Rights Tribunal over the locker room incident in 2020.
The watchdog has now ruled in his favour, criticizing the club for failing to accommodate his disability and failing to take notice of common autistic behaviour.
Artist Niam Jain, 20, filed a complaint with the Ontario Human Rights Tribunal after being told he would need to be supervised at all times while at Toronto’s Granite Club.
The club has since been ordered to revoke Jain’s supervision requirement, improve his human rights training and pay damages of $26,000.
“We felt this was undermining all of her achievements, her hard work and her efforts to be independent,” her mother, Nina, told CTV.
The club was ordered to repeal the requirement that Jain have a caretaker, put in place other accommodations for Jain, improve her human rights training, and pay maximum damages of $26,000 ($35,000 CAD).
Located in the Bridle Path neighborhood of Toronto, The Granite Club, which was founded in 1875 and charges annual fees of $2,250 after a $22,500 registration fee, has stated that it is committed to providing an inclusive space for all members and intends to fully comply with the decision.
Jain had been a regular user of the club in the two years prior to the incident. His family had been members since 2008.
In February 2020, member Andrew Gage testified how he saw Jain going through his personal belongings naked and making strange noises in the club’s changing room.
“We felt this was undermining all her achievements, her hard work and her efforts to be independent,” Niam’s mother, Nina, said during an interview.
Niam Jain is a young, talented, award-winning abstract artist living in Toronto. It also turns out that he has autism, and is, for the most part, non-verbal.
Gage confronted Jain and accused him of inappropriate behavior.
Another member reported hearing the confrontation and expressed concern that it could escalate into a physical altercation.
Gage told a manager that he, along with other members, had paid a substantial amount of money for their membership and did not expect this type of behavior backstage.
Gage also threatened to contact the police if the situation was not addressed.
The club then conducted an internal investigation seeking testimony from other members, staff and the Jain family.
The Jains suggested alternative solutions such as implementing signage and providing a designated Jain bench as part of their routine to avoid potential disruption to other members.
Located in Toronto’s Bridle Path neighborhood, The Granite Club, which was founded in 1875 and charges annual fees of $3,000 after a $30,000 registration fee
The Granite Club is a private track and field club located in the North York area of Toronto.
But 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 Tribunal 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’ obligation to accommodate people with disabilities.
The ruling found that the club’s decision to require Jain to have a caretaker present was made to appease Gage, the only member, out of 11,000 members, to complain about the incident.
It also ruled that the club should have implemented other accommodations, such as signage and a new locker room bench, improved its human rights training, and paid the maximum damages of $26,000 ($35,000 CAD).
The Granite Club stated that it is dedicated to providing an inclusive environment and plans to comply with the decision made by the Ontario Court of Human Rights.
Niam Jain was diagnosed with autism spectrum disorder, a social communication disorder, at the age of two, and still has minimal speaking and comprehension skills.
Niam expresses herself through her paintings. Her daily experiences, her interactions, and her perspective on the world are filtered through an acrylic-on-canvas lens.
“We are currently finalizing plans to address concerns raised throughout this process so that the club’s differently-abled community always feels welcome,” said Mary Elizabeth Sullivan, the club’s executive director. CTV.
The venue had violated the Ontario Human Rights Code, explained Jenn Bontorin, one of Jain’s lawyers, Jenn Bontorin.
“Imposing this requirement was really a snap judgment and based on discriminatory conclusions, and it stripped him of his autonomy,” Bontorin said.
The ruling should be a clear lesson for organizations to listen carefully and investigate fully when brought up with someone who needs accommodations, said Brian Greenspan, another member of Jain’s legal team.
Jian is an autistic artist who has sold hundreds of paintings around the world.
It was explained at the hearing how Jain would express himself through “stimuli”, repetitive soothing behaviors like throat clearing or repetitive actions like rocking, hand waving, finger wiggle and noise making, which can be misinterpreted by others. .
“What was misconstrued as sexualized behavior in the men’s locker room was, in my opinion, no more than the applicant responding to Gage’s verbally threatening behavior,” wrote adjudicator Romona Gananathan.
“The caretaker requirement is not an accommodation sought or requested by the applicant, but rather was imposed by the respondent based on his or her own need to appease an angry member,” it added.
The decision has been praised by autism charities in the area, calling it an “inspirational” regarding the courage shown by the family.
“Autistic people sometimes present themselves in ways that mystify people. But it is the nature of autism for certain individuals. We have to come to know what it means to be human, to the fullest extent,” said Marg Spoelstra of Autism Ontario.
‘There is no reason to exclude someone because they may be behaving strangely. That is a powerful message,” she said.