Gym

Hey,

I know I'm months behind but currently fighting with PureGym to make the reasonable adjustment to not play music in the gym as it makes it unaccessible for multi disabilities, not just autism.

I've had multi sensory overloads, meltdowns and it triggers flare ups of multi health conditions even though I wear BOTH noise cancelling headphones and Loops. It still causes me pain, exhaustion and cognitive impairment.

As it does cost them anything, it's physically do able and doesn’t put anyone else at a disadvantage. Therefore, legally the are obligated to do it.

If you look around every pure gym, you will see literally about 98% of users are wearing headphones, so the majority are not using it/trying to block it out.

However, currently they have dismissed me and now ignoring me.

Even though their own advertising thing and policies are 'Everybody's Welcome', 'inclusive' and 'accessible' and I've pointed out they are breaking the law by refusing to do so.

I am currently seeking pre legal advice first to see if I can get an organisation to addressthem about it. I will seek legal if I need to.

I am autistic but also a professional in dance and movement spaces so I have a drive to make these spaces more accessible and safe for us.

If I make any progress I will let you know as PureGym is nationwide. 

If anyone wants to make any comments, even if it's just something you wish to see, your experiences, other things you'd wish they'd consider, give a response to this post. It might end up being very helpful for the case, if I have to take it that far.

Hopefully, we can people live up to their inclusive policies, rather then them just throw it around like a hollow social media buzz word.

KerryHollandMovement said:

Even though their own advertising thing and policies are 'Everybody's Welcome', 'inclusive' and 'accessible' and I've pointed out they are breaking the law by refusing to do so.

I don't think this is how the inclusivity thing is supposed to work.

You can't say I need this element (eg no music) and insist they make it happen. What about others who like the music - your action would deny them this pleasure while they work out.

Take it a tiny bit further - if the noise of the machines and weights clanking and people grunting or breathing heavily was too much for you, would you insist this all be stopped too? This is just to illustrate that it is an unreasonable thing to do.

I believe the inclusiveness is where they make "reasonable" accommodations for you - lowering the volume of the music for example is reasonable. The same goes for wheelchair users - a reasonable accommodation would be to install step free access etc but if there were machines they could not access then is it reasonable to expect them to get rid of these at considerable expense to choose other machines they can access?

It sounds like you have extreme sensitivity to noise so I'm sorry this is causing you problems with using spaces where noise is played.

Do you have music when you dance? By your suggestion this would be prohibited since it may cause problems for another sensitive individual not in the class (since sound carries). This would also be taken into consideration as to whether the music ban is reasonable to ask.

The upshot of it is more a reality check - I appreciate the problems you face here but I think the most effective solution would be to find effective sound deadening earwear (construction site ear protecters perhaps) rather than going on a crusade that will be doomed to failure.

I think you've decided to pick and choose what you wanted to read, and interpret it in the way you want rather than liaten. You also do not understand that inclusive environments means not what legal obligations by the Equality Act 2010.

The autistic community as well as others with sensory disabilities have serious exclusion from health and fitness environments and therefore are battling severe health inequalities. Small changes that allow the space to be safer and more welcoming make a massive difference to battling that.

If you paid attention to what I wrote, you would read me pointing out that literally 98% of gym members aren't using the music, they are playing their own music in their headphones. Anyone else who wants music, can bring their own headphones and play their own music. Nothing is being taken away. 

However, noise defenders and loops do not block out the heavy beats of the music, which means people who need silence or quieter music, not just for physical safety for their health (there are a vast amount of disabilities and health conditions which need constant background music to avoid health problems - there is a lot of science to evidence that), but other people can choose what music they can play or not - for things such as yoga. 

So a quiet environment takes nothing away from people, but music on loudly and non stop, with no sensory safe spaces excluded multiple communities.

And other sounds in the environment become manageable once music is removed, it makes a difference to tolerate others and yes they cannot be removed so I am not stupid to request them. Taking away one layer of sound, makes the others manageable. Music goes on for none stop, so for someone like me, that means my nervous system never relaxes, constantly pumping cortisol.

Music can be and is possible and doesn't affect anything negatively for others - because as I said, they can play their own (like they already do) in headphones. Gym members have already said they have no problem with no music being played as they don't use it and if it allows more people to comes, that's great.

Inclusive doing your best to adapt the environment that it is safe and accessible to as many people as possible. Choosing to ignore a more accessible and inclusive environment eg no background music which excludes LESS people for insisting music on instead excludes MORE people and whilst not taking the harm it causes seriously - is NOT an inclusive environment/practice.

And yes I do play music, they difference is, I only play it in doses aka when I am doing a full run through. I learnt movements without music on because I cannot learn with distracting background music on, and my brain needs mental rest between long periods of sound. So in gyms the music never stops, there is never a rest for my brain as it keeps it activated on a high stress level. I also struggled to think and learn when singing or heavy beats are going on. So I put the music on when I have learnt the information and the music isn't played for the whole 1 to 2 hours of class. This is a standard dance class so I've never had issues there.

Also, when it's in my headphones I can change the style and volume to whatever is comfortable and not painful. Many times I can't even hear my own music over the gyms heavy bass music.

I have also only requested this after I've found it's a common problem for many disabilities who are literally excluded from most public spaces. If it just was me, I would just given it up like I've been forced to everything else.

My previous job refused to turn off music even though it's a legal requirement, caused me to develop a serious health condition due to the stress it causes me in my body and then fired me for it. I also know these health conditions from people not taking people with these disabilities seriously. I am only extra sensitive at the moment DUE to being forced to continue to work in spaces with background music with no mental rest.

I'm standing up for myself and those excluded BECAUSE I know it's not just a me problem and I am tired of my community being excluded.

My new job, in a specialist circus skills training centre, doesn't turn on music as it's been trained properly in this area and it's an easy choice for them to be inclusive.

I've ignored the health problems and said nothing from background music for over 12 years, and I have lot my health and career to the health conditions it's given me. I've not just thrown my toys out of the pram. I also have professional training in the area so I know what I am talking about 

And if you think something which is 'nice' and a luxury for one group, one they can make their own adjustments to accommodate aka bring their own music with headphones, is a priority over another communities health, wellbeing and being able to access a space - your a part of the problem and you may want to work on your internalised ableism.

So don't you dare try and shame me and make me feel guilty because I am finally standing up for myself and others like me because we want to be included in things everyone has safe access to, because I am tired of it. Something which is a nice luxury for someone who already has access privilege, is not more important than someone's needs for safe access.

If you like music, bring your own, then no one has to be left out.

I think you've decided to pick and choose what you wanted to read, and interpret it in the way you want rather than liaten. You also do not understand that inclusive environments means not what legal obligations by the Equality Act 2010.

The autistic community as well as others with sensory disabilities have serious exclusion from health and fitness environments and therefore are battling severe health inequalities. Small changes that allow the space to be safer and more welcoming make a massive difference to battling that.

If you paid attention to what I wrote, you would read me pointing out that literally 98% of gym members aren't using the music, they are playing their own music in their headphones. Anyone else who wants music, can bring their own headphones and play their own music. Nothing is being taken away. 

However, noise defenders and loops do not block out the heavy beats of the music, which means people who need silence or quieter music, not just for physical safety for their health (there are a vast amount of disabilities and health conditions which need constant background music to avoid health problems - there is a lot of science to evidence that), but other people can choose what music they can play or not - for things such as yoga. 

So a quiet environment takes nothing away from people, but music on loudly and non stop, with no sensory safe spaces excluded multiple communities.

And other sounds in the environment become manageable once music is removed, it makes a difference to tolerate others and yes they cannot be removed so I am not stupid to request them. Taking away one layer of sound, makes the others manageable. Music goes on for none stop, so for someone like me, that means my nervous system never relaxes, constantly pumping cortisol.

Music can be and is possible and doesn't affect anything negatively for others - because as I said, they can play their own (like they already do) in headphones. Gym members have already said they have no problem with no music being played as they don't use it and if it allows more people to comes, that's great.

Inclusive doing your best to adapt the environment that it is safe and accessible to as many people as possible. Choosing to ignore a more accessible and inclusive environment eg no background music which excludes LESS people for insisting music on instead excludes MORE people and whilst not taking the harm it causes seriously - is NOT an inclusive environment/practice.

And yes I do play music, they difference is, I only play it in doses aka when I am doing a full run through. I learnt movements without music on because I cannot learn with distracting background music on, and my brain needs mental rest between long periods of sound. So in gyms the music never stops, there is never a rest for my brain as it keeps it activated on a high stress level. I also struggled to think and learn when singing or heavy beats are going on. So I put the music on when I have learnt the information and the music isn't played for the whole 1 to 2 hours of class. This is a standard dance class so I've never had issues there.

Also, when it's in my headphones I can change the style and volume to whatever is comfortable and not painful. Many times I can't even hear my own music over the gyms heavy bass music.

I have also only requested this after I've found it's a common problem for many disabilities who are literally excluded from most public spaces. If it just was me, I would just given it up like I've been forced to everything else.

My previous job refused to turn off music even though it's a legal requirement, caused me to develop a serious health condition due to the stress it causes me in my body and then fired me for it. I also know these health conditions from people not taking people with these disabilities seriously. I am only extra sensitive at the moment DUE to being forced to continue to work in spaces with background music with no mental rest.

I'm standing up for myself and those excluded BECAUSE I know it's not just a me problem and I am tired of my community being excluded.

My new job, in a specialist circus skills training centre, doesn't turn on music as it's been trained properly in this area and it's an easy choice for them to be inclusive.

I've ignored the health problems and said nothing from background music for over 12 years, and I have lot my health and career to the health conditions it's given me. I've not just thrown my toys out of the pram. I also have professional training in the area so I know what I am talking about 

And if you think something which is 'nice' and a luxury for one group, one they can make their own adjustments to accommodate aka bring their own music with headphones, is a priority over another communities health, wellbeing and being able to access a space - your a part of the problem and you may want to work on your internalised ableism.

So don't you dare try and shame me and make me feel guilty because I am finally standing up for myself and others like me because we want to be included in things everyone has safe access to, because I am tired of it. Something which is a nice luxury for someone who already has access privilege, is not more important than someone's needs for safe access.

If you like music, bring your own, then no one has to be left out.

I will respond with the legal advice I've been given.

I go daily to the gym, twice a day to multiple locations.

Max people who don't have headphones is never over 3, whilst there are 40-60 people with headphones on. I check this daily.

I, and many other people, cannot have any form of conversation with music playing. A staff member tried to give me safety information, whilst music was playing, I could not understand a word.

I have a health condition which is caused by constant stress of overstimulation in the environment. It improved however it is now crashed and seriously bad and I have zero quality of life. It's a common disorder and constant overstimulation causes and excludes thousands of people from equal access to facilities. Removing music allows equal access for more people. What you think is nice and that you can supply yourself in you headphones is not more important that someone else's health and equal access to a public facility. Believing so is exclusion and entitlement. Please who can afford a gym membership, have the finances to also purchase headphones.

Something people like, and can provide themselves, is not more important than basic equal access of another. Disabled people deserve to have access to basic health and wellbeing facilities as anyone else. What music? Wear headphones.

And the law - which MULTIPLE disability rights and law organisations have confirmed I am on the right and the gym is breaking the law:

Disability Rights UK’s Response to Sense Active requested for advice & support on the matter for me (Sense Active have been on my side and said this is a common reason disabled people cannot access gym facilities and they hear the complaint A LOT):

"Apologies for the delay. I've been researching and chatting amongst colleagues. It looks like the person who contacted you is very much on the right track with the limited options available.

 Under s.149 Equality Act 2010, the gym is still bound by duties under the Act as service providers. Below is a short overview that may be useful when supporting this individual and when corresponding with the gym’s Equality team or UKActive.

Legal Framework: Equality Act 2010

Private gyms qualify as service providers and therefore fall under s.29 Provision of Services, which makes it unlawful to discriminate against disabled people in the provision of goods, facilities, or services. This also brings in the anticipatory duty to make reasonable adjustments under ss.20–22 Equality Act 2010.

Key duties of private gyms include:

Removing or modifying policies or practices that disadvantage disabled users (e.g., mandatory background music).

Providing auxiliary aids/services where required.

Altering or removing physical features that create barriers (e.g., lack of wheelchair access).

Importantly, these duties are proactive, not reactive.

Background music policies

Mandatory background music may disadvantage neurodiverse members or those with sensory processing conditions. A blanket policy risks indirect discrimination unless it can be objectively justified. Reasonable adjustments could include:

A designated music-free zone; or

Allowing members to rely on personal headphones instead of ambient sound.

From legal experts I've spoken to, given the low burden of such adjustments, they are likely to be reasonable.

EHRC Code of Practice: Services, Public Functions and Associations (2011)

This statutory Code reinforces the need for forward planning:

“Service providers must think in advance about the needs of disabled people generally... They should not wait until a disabled person experiences difficulties using a service.”

Relevant case law

Paulley v FirstGroup plc [2017] UKSC 4 – Confirms the duty to balance inconvenience to others with the significant disadvantage faced by disabled users.

Both cases support the argument that gyms must adopt a proactive approach to accessibility and balance competing interests fairly."

Advice on the matter from Equality Advisory Support Service:

"Dear Kerry,

Thank you for answering the questions from the previous email. From the information that you have provided I can offer you the following advice.

In order for the Equality Act 2010 to apply the treatment has to be linked to a protected characteristic. There are nine protected characteristics including disability. There are a few conditions that are automatically covered. These are, Cancer, Multiple Sclerosis, HIV, vision impairments that cannot be corrected with glasses and severe disfigurements. Anything not automatically covered would need to meet the following definition.

“A physical or mental impairment which has a substantial and long-term adverse effect on the ability to carry out normal day-to-day activities”

Normal day to day activities means the things that we do every day, at home and at work. For example, getting dressed, memory and concentration. Long term would mean lasting at least 12 months, likely to last 12 months or last the rest of your life. Substantial would mean it is more than minor or trivial. And finally is it a physical or mental condition.

The treatment also needs to have taken place within a relevant sector. The sector that could apply here is the sector of services.

After looking at the information that you have provided this may fall under the prohibited conduct of a failure to make a reasonable adjustments as the gym are refusing to turn the music off even though you have explained that this causes sensory issues and affects your ability to work out and access the service.

Under the reasonable adjustment duty, it states that organisations are required to make reasonable adjustments for disabled individuals who are placed at a substantial disadvantage due to their disability. The reasonable adjustment duty can be triggered if:

A provision, criterion, or practice

A physical feature or

The lack of the provision of an auxiliary aid or service

Places a disabled individual at a substantial disadvantage when compared to a non-disabled individual. If there is a disadvantage by any of the above then an individual can request a change to that to remove the disadvantage. It is down to the individual to decide what may be the best adjustment to make as the Act doesn’t have specific examples of what requests can be made but the request has to be reasonable.

Some things to consider regarding reasonable adjustment requests are:

The practicality of the step

The financial and other costs of making the adjustments.

The extent of any disruption caused

Whether taking any particular steps would be effective in preventing the substantial disadvantage.

As any of the above could be seen as justifiable reasons for not providing an adjustment. Other reasons could be if the adjustment would fundamentally alter the nature of the service or the nature of the provider’s trade or profession. However, if a reasonable adjustment request is not provided and it is deemed as “reasonable” this may amount to a failure to make a reasonable adjustment, which is unlawful under the Act."

Not to be rude but I will not follow up with any further responses. This has been effecting my health severely, both mentally and physically. I am a professional in the field of fitness and wellbeing and had to give up my career due to the lack of access and respect towards disabled people and the long term effects on my health of exclusionary environments.

I have had enough support from professionals to confirm I am in the right about this, I do not want to debate anymore about why people who are different should not be forced out of being able to access basic facilities that other people do and forced into social isolation. 

'Universal Design' should be what design of facilities should be lead with - choosing the type of environment that includes the MOST amount of people and is most adaptable for different needs.

There are too many points to respond to in one post here so I'll pick a few initially:

KerryHollandMovement said:

You also do not understand that inclusive environments means not what legal obligations by the Equality Act 2010.

Can you link me to the specific sections that you believe apply here? An initial search only showed rather vague wording so I would be interested to see the details that you believe apply here.

KerryHollandMovement said:

Music can be and is possible and doesn't affect anything negatively for others - because as I said, they can play their own (like they already do) in headphones.

This is unfair on those who cannot tolerate things on / in their ears - what about their rights? Plus it assumes everyone can afford a portable music player and headphones (plus the fact that most in-ear decived tend to fall out while working out intensly).

There is no one solution that fits everyone.

KerryHollandMovement said:

So don't you dare try and shame me and make me feel guilty because I am finally standing up for myself and others like me

I wasn't trying to shame you so please remove the aggressive stance. I was pointing out the fallacy of the arguement in the hope to build a better understanding on both sides as to how this equality legislation can be interprited so we can reach a conclusion on how "reasonable" it is for you to insist on your way over the existing state.

This morning when I was in the gym I took some time to observe how many people were listening to their own devices. There were 32 people in the weights part of the gym and 19 had headphones / earphones. That worked out to be 60% and the rest (including myself) listened to the music and chatted with one another (especially the personal trainers who know the regulars and make new members feel welcome.

In the cardio section (treadmill / cross trainers etc) there were 17 people and only 2 were without their own music devices so this is closer to your thoughts on the numbers (88% to be specific).

I know from experience that if there is an issue with my phone or headphones (battery typically) then it is much nicer to listen to the broadcast music than do without - it helps me complete what would otherwise be a boring hour of running.

Considering a workable solution for your situation, have you considered asking there to be times when the volume of the music broadcast is lowered so the base is not intrusive and your personal music is adequate for your needs?