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 patron's bag.

The Granite Club in Toronto was hit with a lawsuit after slapping the restriction on Niam Jain, 20, when a customer claimed he was naked and growling while rifling through their belongings.

He and his mom Nina filed a complaint with the Human Rights Tribunal of Ontario over the incident in a locker room in 2020.

The watchdog has now ruled in favor of him, slamming the club for failing to accommodate his disability and failing to realize the common autistic behavior. 

'We felt this was undermining all of his achievements, his hard work, and his efforts to be independent,' his mother, Nina, said to CTV. 

The club has been ordered to revoke the requirement for Jain to have a caregiver, put in other accommodations for Jain, improve its human rights training, and pay maximum damages of $26,000 ($35,000 CAD). 

Set in the Bridle Path neighborhood of Toronto, The Granite Club, which was founded in 1875 and commands annual fees of $2,250 after a $22,500 joining 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 leading up to the incident. His family had been members since 2008.

In February 2020, member Andrew Gage testified how he witnessed Jain going through his personal belongings while naked and making strange noises in the club's locker room.

Gage confronted Jain and accused him of inappropriate behavior. 

Another member reported overhearing the confrontation and expressed concern that it could escalate into a physical altercation. 

Gage stated to 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 in the dressing rooms. 

Gage also threatened to contact the police if the situation was not addressed. 

The club then conducted an internal investigation soliciting testimony from  other members, staff, and the Jain family. 

The Jains suggested alternative solutions such as implementing signage and providing a designated bench for Jain as part of his routine to avoid any potential disruptions to other members. 

But instead, the club decided to minimize the risk of any 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 Human Rights Tribunal of Ontario 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 the obligation of organizations to accommodate individuals with disabilities. 

The judgment found that the club's decision to require Jain to have a caregiver present was made to appease Gage, the one member, out of a total membership of 11,000 people, who complained about the incident.

It also ruled that the club should have instead implemented other accommodations, such as signage and a new locker room bench, improved their 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 Human Rights Tribunal of Ontario. 

'We are currently finalizing plans to address the concerns raised throughout this process so that the club's differently abled community always feels welcome,' Mary Elizabeth Sullivan, the club's chief executive officer, told CTV. 

The venue had been in breach of Ontario's Human Rights Code, explained Jenn Bontorin, one of Jain's lawyers, Jenn Bontorin.

'Imposing this requirement was really a rush to judgment and was based on discriminatory conclusions, and stripped him of his autonomy,' Bontorin said.

The ruling should be a clear lesson for organizations to listen carefully and investigate fully when presented with someone who needs accommodation, said Brian Greenspan, another of Jain's legal team. 

It was explained at the hearing how Jain would express himself through 'stims,' -  a repetitive soothing behaviors such as the clearing of the throat or repetitive actions like rocking, hand-flapping, flicking fingers and making noises, which can be misinterpreted by others.

'What was misinterpreted as sexualized behaviour in the men's locker room was, in my view, nothing more than the applicant stimming in response to Gage's verbally threatening behaviour,' adjudicator Romona Gananathan wrote.

'The caregiver requirement is not an accommodation sought or requested by the applicant but one that was imposed by the respondent based on its own need to appease an angry member,' she added.

The decision has been praised by autism charities in the area calling it an 'inspiration' in regards to the courage displayed by the family. 

'Autistic folks sometimes present in ways that are puzzling to people. But it's the nature of autism for certain individuals. We have to get to know what it means to be human, the full extent of it,' Marg Spoelstra of Autism Ontario said.

'There's no reason to exclude someone because they may be behaving awkwardly. That's a powerful message,' she said.