A Load Of Trouble At New York City Gym

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A man is suing Bally Total Fitness in New York City due to injuries he says he sustained after slipping on a "foreign white substance" in the steam room.

Reports the New York Daily News:

Marc Moskowitz claimed in court papers that managers at the Bally Total Fitness gym on E. 55th St. were aware that gay "cruising and lewd behavior" is "commonplace at the steam room, sauna and locker rooms."

"As a result of the aforementioned activities, there was bodily fluids and other evidence of sexual activity wherever it occurred throughout the gym," according to Moskowitz's suit in Manhattan Supreme Court.

Instead of having staffers clean the areas, Bally simply "left a hose and liquid soap" for people to clean up themselves, the papers state.

As a result, Moskowitz claims, he took a tumble last August and needed surgery to repair his shoulder.

The article goes on to describe the gym's review on the cruising website Cruising Gays City Hookup Guide: "There are 2 LIGHTS in the Steam Sauna. The rear light is out 1/2 the time. When it is OFF the party is ON."

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  1. jeez... I WISH my gym had a hose to wash down the steam room! I bring a towel & always wear flip-flops, but still, you never know.

    As far as the 'public' sex goes, I don't really care. The real problem is the folks that won't 'chill' when people are definitely not interested.

    It's not hot if you're the only one playing w/ your junk; it's just sad. Please stop.

    Posted by: Pete N SFO | Jun 20, 2013 10:19:03 AM

  2. Guaranteed that he didn't read the sign that says that shower sandals are highly encouraged. He's got no case. That gym does need to clean it's floors more though.

    Posted by: Fenrox | Jun 20, 2013 10:22:30 AM

  3. @Zeta,

    Campaign contributions.

    Posted by: ratbastard | Jun 20, 2013 10:28:57 AM

  4. I'm a gay man who goes to the gym to work out, and the sauna afterwards to relax..

    There's shitloads of gay saunas in NYC, there's plenty of places for those who want sex to go.

    Really, the solution is simple - keep the sauna to its proper temperature - 185+ degrees. It should be too hot to do much besides sit there for 10-15 minutes, and then run out for a cold shower!

    Posted by: trd | Jun 20, 2013 10:46:53 AM

  5. "if you want to embrace anonymous unsafe sex in public places as part of gay culture, then you are going to have fight for it and be ready to explain why anonymous unsafe sex in public places should be acceptable to the mainstream. And you are going to have to explain why it's acceptable to gay culture in the first place."

    -- because it's hot, and fun, and exciting and verboten. No, gay men who want to operate outside the mainstream -- who are hurting no one btw -- don't have to conform to your legislations. That's kind of the whole point. I just got a great blowjob in my steamroom yesterday and I didn't "have to explain" anything to anyone, or "fight for it" ... not sure what is up with the moral majority on this site but whatev

    Posted by: David | Jun 20, 2013 11:06:24 AM

  6. Maybe it's different in NYC and other larger cities, but at my local Y it isn't the openly gay guys who are the obnoxious locker room cruisers and steam room flashers, it's the married guys on the down low who want to get off before going home to wifey and the kids.

    Posted by: Caliban | Jun 20, 2013 11:09:40 AM

  7. Lots of hang-wringing moral police on here without much authority. Saying, "this has to stop" is silly. "This" has been going on since the dawn of time, and it's up to each person to decide how they want to behave, and to deal with the consequences if it ends up going awry for one reason or another. And it's up to Bally to figure out how to run their business on the right side of the law.

    As for Mr. Moscowitz, I doubt he has any idea what he slipped on. (The "foreign white substance" sounds like a big load of BS.) But, since he slipped, which could easily happen in any wet environment, he seems to want to bolster his case by drawing sexual shenanigans into it, or perhaps the suit is more about moral policing than about bodily injury.

    Posted by: Ernie | Jun 20, 2013 11:26:55 AM

  8. I thought all the Bally gyms closed

    Posted by: Grover Underwood | Jun 20, 2013 11:27:23 AM

  9. oh please, this is pure bogus nonsense.

    how does he know he didn't slip on soap. what, did he taste it and go "nope, i DEFINITELY know that that's semen!"


    but no. it's bogus. babyboy has a grudge, and a weak shoulder. now she wants money. BLAHHH.

    Posted by: Little Kiwi | Jun 20, 2013 11:33:26 AM

  10. @ratbastard, a distinction without a difference. Cheers, good man.

    Posted by: Zeta | Jun 20, 2013 11:33:50 AM

  11. @CALIBAN ding ding ding! YES! this! exactly.

    The Gays tend to socialize with the other Open Gays and chat and all that jazz. the sauna dwellers? the "straights" who troll troll TROLLLLL their time at the gym. waiting for that Special Bro Dude who can like, totally help them out without makign them feel GAY about it. you nailed it. no pun intended.

    Posted by: Little Kiwi | Jun 20, 2013 11:35:38 AM

  12. The Stuart/David/Ernie's of the world think it is their right to get their rocks off wherever they feel like. I am no prude, but get a room already. It isn't that cool. Get a hook up on Craigslist and keep your skeeziness to yourself. Not everybody in the world wants to share your hump of the week, be it gay or straight.

    Posted by: BOB | Jun 20, 2013 11:41:54 AM

  13. Sucks that he busted his shoulder. But is this a tort ? Well, yeah, it could be.

    But I don't really blame him so much as the lawyer that sees a good possibility that the gym will just pay out to avoid the expense and PR of litigation. That's all this is about, really, and compiling enough evidence to support a tort claim to make a pay-out look like a reasonable thing to do for the gym chain under the circumstances.

    I've been to gyms that were cruisy, and I generally ignore it, but have actually cancelled memberships and gone to another gym before. I'm there to work out; I don't need sex in public places, I get enough at home, thanks.

    I'm also not above going and getting a mop and cleaning the place up myself if I deem it too nasty. Not that I'm a clean freak or anything, I find you only have to do this once or twice before management gets the hint and takes some initiative.

    And like someone else said here, if you're in the sauna and you're the only one playing with your junk - that's kind of gross and sad, please stop; it's having the opposite desired effect...

    Posted by: Buck | Jun 20, 2013 11:52:44 AM

  14. My girlfriends and I think that anyone not interested in us is a straight trolling us, ROFL ROFL LOL look at me, look at me, I'm Canadian !

    ROFL !

    Posted by: Lil'KIWI | Jun 20, 2013 12:03:33 PM

  15. This refreshing to read after all of the marriage humdrum we've had to endure. Not that there's anything wrong with that.

    Posted by: CP | Jun 20, 2013 12:31:53 PM

  16. Oh, I love this. You are the "hang-wringing moral police" now if you want to keep anonymous gay sex out of gyms and restrooms and parks (as if taking it home were too "square"). And you're slapped with the put-down "heteronormative" if you want to assimilate into mainstream culture.

    We want marriage equality, we want our anonymous blowjobs in the steamroom, we demand the woman who owns the cake shop in Washington to sell to the gay couple, we want the football player who uses a gay slur to apologize, we want to cruise the park and get or give another blowjob in the "bookstore" stall as we demand DOMA is declared unconstitutional.

    We're working at cross-purposes in some of this. We really can't have it all. And blowjobs in public steamrooms are illegal. And the straight partons of the gym probably don't appreciate the furtive sex.

    Posted by: will | Jun 20, 2013 12:44:29 PM

  17. Foreign white substance could have been soap or body lotion. A bigot tries to scam the system. Next time, I hope he falls and breaks his neck.

    Posted by: jamal49 | Jun 20, 2013 12:50:28 PM

  18. I think people can do whatever they want. I just don't want them doing it in front of me. If ever I feel otherwise, I'll ask to join in. It has nothing to do with morality, it's a matter of having respect for others.

    Posted by: Jack M | Jun 20, 2013 12:52:36 PM

  19. That's what he gets for spitting and not swallowing.

    Posted by: JR | Jun 20, 2013 1:33:03 PM

  20. The real issue is the lack of proper maintenance and following health and safety codes which seems to be a regular issue at all of the Bally's I've ever been too. Most looked bright and shiny but there were often things, like loose carpet on the running track, missing lights, broken equipment not being marked, shower drains plugged, toilets not flushing, tiles coming off the wall, and so much chlorine in the pool that it faded swim suits and yet the chloramines were so strong that it burned the eyes just coming into the pool area, which mean it's not being filtered properly. When ours in SD got bought out there was a lot of renovation work done and one was just condemned to be torn down. Part of the reason for me to stop going (besides all the usual excuses) was the lack of protection from disease and this applied to the ones in SD, STL, and some outside of WDC.

    Posted by: Steven | Jun 20, 2013 1:46:43 PM

  21. If you believe the hoary slip-and-fall lawsuit has merit you'd best not buy a used car.

    Posted by: anon | Jun 20, 2013 2:13:31 PM

  22. *books flight to NYC*

    Posted by: Betty Treacle | Jun 20, 2013 3:43:17 PM

  23. "The Stuart/David/Ernie's of the world think it is their right to get their rocks off wherever they feel like."

    I didn't say anything about getting my rocks off, @Bob. My response has nothing to do with my personal proclivities.

    "Oh, I love this. You are the 'hang-wringing moral police' now if you want to keep anonymous gay sex out of gyms and restrooms and parks (as if taking it home were too 'square')."

    That wasn't my point, @will. The point is the average person trying to moral police the world is a futile endeavor. People misbehave in all kinds of ways, sexual and otherwise, every day of every year. What someone is doing in a gym in NYC doesn't involve or concern me, and if civil rights were tied to behavior, it's not only gay people who'd be in trouble, it would be a good portion of the world. Is DOMA suddenly constitutional cause some guy--who may not even be gay--got a blow job in a steam room?

    The problem with this particular story is that two separate things are being conflated because some people get in such a tizzy about sex. It doesn't matter what the guy slipped on, except that he seems to think the fact that he was repelled by the slutty environment gives his tumble special significance, when it doesn't. He slipped. He has the right to sue over his injuries. If the gym was violating legal codes or allowing stuff to happen that violates some legal or business policy, that's a separate issue.

    Posted by: Ernie | Jun 20, 2013 4:34:00 PM

  24. Ernie: When someone is doing a sex act in a PUBLIC area, it then concerns the people who may not want to see that or be exposed to it. They have a right to not want to view your carnal fun (gay or straight btw). Take it somewhere more discrete. What does DOMA have to do with this? They are two seperate issues. Give your head a shake.

    Posted by: BOB | Jun 20, 2013 5:29:59 PM

  25. Oh dear, @BOB: It wasn't my carnal fun, so I'm not sure why you keep saying "your," And it doesn't concern me because I wasn't there, and I doubt anyone else on this thread was, either.

    The DOMA reference was in response to will's assertion that we're working at cross purposes by getting it on in public steamrooms while demanding marriage equality (assuming that everyone "wants it all," a big assumption)--my point is that human beings are always working at cross purposes but that the civil and marriage rights of straight people are not in jeopardy because of their sexual shenanigans or other dubious behaviors and neither should ours be.

    I'm concerned with my own behavior (which happens not to involve gym dalliances) and, yes, the behavior of others in a public setting that I'm actually in (though seeing someone litter is a lot more personally offensive to me than seeing someone having sex--we all have our personal dislikes), but I'm not concerned with being the moral policeman for the world. I'm often surprised how many gay people are, that's all.

    My head doesn't need a shake, but thanks for the concern.

    Posted by: Ernie | Jun 20, 2013 6:29:16 PM

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