Arizona gyms close after losing court challenge against governor’s orders

“These are unprecedented times,” Thomason wrote in the decision. “Governmental leaders at the local, state and national levels are being called on to make critical decisions, when the available medical information is constantly changing. It is not the function of this court to second guess those decisions. Rather, the sole purpose of this court is to determine if the governor’s actions in question had a legal and rational basis.”

The judge said Mountainside failed to prove that the order would irreparably harm the business. Similarly, Thomason dismissed claims by EoS that it would close permanently should the order be upheld as speculative.

Ducey ordered the closure of bars, gyms, movie theaters and other select businesses last month as the state saw the highest percentage increase of coronavirus cases in the nation. Multiple reports of packed clubs, bars and pool parties added to Ducey’s pressure to take action.

In reaction to the ruling, Mountainside announced it would temporarily close.

“I am sorry to announce that we have lost our bid for a temporary restraining order against the State of AZ,” Mountainside owner Tom Hatton said Tuesday. “As I have stated previously, we would comply with the judge’s orders if we were denied. With that said, we will be closing down all of the clubs today at 2 pm with the intention to re-open July 27th per Gov. Ducey’s original mandate.”

Hatton said memberships would be “paused” until the gyms are allowed to reopen.

Last week, Mountainside filed the complaint in Maricopa County Circuit Court, seeking a 30-day injunction against Ducey’s closure order.

One of their gym’s chief operating officers was cited with a class 1 misdemeanor by Scottsdale police after officers asked him to comply with the order.

A federal challenge to the closure order is due to be heard Monday.