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Sunday, September 22, 2024

Gym sued over secret filming of member who fears video will be on 'gay porno websites'

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ORLANDO, Fla. (Legal Newsline) - A Florida gym is now facing civil litigation two years after one of its members was arrested for secretly recording another man taking a shower.

Rico Cordero sued L.A. Fitness and Sirawit Phutham over an incident that allegedly occurred at Esporta Fitness in Winter Park on Nov. 17 in Orange County Circuit Court. Casselberry police arrested Phutham in December 2020, alleging he used a cell phone hidden in a bag to tape a man showering.

Cordero's lawsuit says the experience caused trauma that he is still dealing with.

"Plaintiff has spent months of trauma taking medication for anxiety and having panic attacks," the suit says.

"He has suffered additional emotional distress, mental anguish, fear, sleep problems, nightmares, difficulty concentrating and anger caused by invasion of Plaintiff s privacy by Defendant Phutham secretly filming Plaintiff without permission while he was taking a shower.

"This constitutes intentional infliction to cause emotional distress, and humiliation for Defendant Phutham's own lewd enjoyment."

Cordero says exercise was part of treatment for a bi-polar/paranoid diagnosis. Since he was recorded, he says he has been unable to work and has lost the ability to trust others.

"He stopped going to the gym, because he was afraid that people have seen broadcasted images of his private parts in... gay porno websites."

Cordero lives in "constant fear" that his "private parts will end up on gay porn websites." He charges the gym with intentional infliction of emotional distress, negligent infliction of emotional distress and invasion of privacy.

Gary Smith of Graham, Bright & Smith in Plano, Texas, is representing Cordero.

The criminal case against Phutham in Seminole County is still pending. He pleaded not guilty in September.

The arrest report says Phutham was asked why he taped the other man and replied, "Just for my own."

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