Qfyilyi

I would like to start wearing a shirt to ABCGym stating something to the effect of:

ABCGym refuses to refund payment it accepted for membership to a gym ABCGym closed. ABCGym has substituted an inferior-to-me option.

My question has two parts. The first is more of legality and definition. The second is more around what could they do.

Can it be construed as libel, solicitation or something else I probably should be aware of? Though it might tarnish the image, assuming those statements are true I believe the criteria for libel would not be met.

To solicitation, they have a broad and basic anti-solicitation policy, including "Any solicitation within any club is absolutely forbidden." While provocative, I don't see that this can be defined as soliciting. Even if I were to list competitors, without me benefitting from any sales that still seems at worst a gray area. Am I misinterpreting soliciting?

As to recourse, sure they can ask me not to wear it. Were I to refuse to remove the shirt, could they bar me from using the membership without refund for doing something that is legal and within dress code, but deemed naughty in their sight?

The statement

ABCGym refuses to refund payment it accepted for membership to a gym ABCGym closed. ABCGym has substituted an inferior-to-me option.

could certainly be considered as defamatory. However, in the US and many other countries, truth would be a valid defense, if the person making the statement could prove that the statement is true.

I don't see how it could be construed as solicitation.

If worn on a shirt into ABC, the management could surely ask the wearer to remove it. If that request is refused, they could ask the wearer to leave. If the wearer has a valid membership, then it would depend on the exact terms of the membership contract, and provisions of local law, whether ABC could insist that the wearer leave, or have the wearer arrested for trespass should the wearer refuse. Any regulations incorporated by reference into the contract would also matter.

At least in the US. walking back and forth on a public sidewalk just outside ABC's door, wearing such a shirt or carrying a classic picket sign with such a message would be pretty clearly legal, provided that others are not unduly obstructed, and no valid local ordinance is violated.

In the wear-the-shirt-inside case, if the wearer refuses to remove the shirt or leave, the management would probably call law enforcement. LE will not want to decide whether wearer has the legal right to remain in the club wearing the shirt. They will probably ask the wearer to leave. If the wearer protests that s/he has a valid membership and thus a contractual right to stay, who knows what they would do. If they still ask the wearer to leave, the wearer would be wise to comply and perhaps take legal action to enforce his or her membership rights, which will depend on the contract details as mentioned above. A lawyer would probably be very helpful if the wearer wants to take that route.

The wearer would be wise to remain polite and appear calm, not yelling or using epithets.

Assuming the claim is true or just expresses an opinion that has no truth value, it is not defamatory. It isn't solicitation under any reasonable understanding of the term. It is somewhat provocative; the question is whether they can deny you admission, under the terms of your contract with them, if you wear the shirt. You would have to inspect that contract. Assuming that your contract is with the Panda gym, there is a clause that says that

The Member hereby agrees to abide by all posted safety guidelines and
regulations while using [Sender.Company] facilities and equipment.
Additionally, the Member agrees to dress and conduct themselves in a
manner deemed appropriate for a fitness facility.

They may post a regulating prohibiting disparaging or otherwise "inappropriate" messages. They can revoke your membership, and as a non-member, call the sheriff to expel you.