The owner of a chain of fitness centers in the Phoenix metropolitan area plans to file a lawsuit challenging Gov. Doug Ducey’s order for gyms and other similar businesses to be closed starting Monday evening.
Mountainside Fitness CEO Tom Hatten told reporters at one of his locations that his company had donated money, equipment, and employee time to help in the effort to slow the spread of COVID-19.
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“We donated $100,000 to the Arizona COVID Relief Fund, we became one of the largest testing for antibodies with our partners at Patient’s Choice, we also donated wipes to our partners at Banner Hospital,” he said. “We’ve taken this situation, this virus, extremely seriously and tried to handle an employee base of just under 1,500 people and keep them employed for the last two months and the months going forward.”
Mountainside Fitness is the state’s oldest operating fitness center, with 18 locations across Arizona.
Hatten said he plans to ask a judge for a stay on Ducey’s order. The challenge, Hatton said, is about business and civil liberties.
“We were asked to close in five hours,” he said. “If the governor is serious about what is going on, then I say to Gov. Ducey ‘close everything.’”
He told reporters that other fitness center owners would be joining him in the lawsuit and that the nonprofit Goldwater Institute would handle the complaint. A spokeswoman for Goldwater said they were not suing the governor on Mountainside’s behalf.
Ducey’s office responded to gyms not closing Tuesday.
“The governor’s executive order is clear. Gyms and other indoor fitness clubs or centers, regardless of size, shall pause operations until at least July 27,” spokesman Patrick Ptak said. “This is a public health issue, particularly among our younger demographic, and we are looking for cooperation and compliance from our business community in the name of public health. We know this is a sacrifice. The order provides clear enforcement authority to local government to cite these businesses ‘up to and including summary suspension for any license that the business holds.’”
He added that the penalty for disregarding the order is a Class 1 misdemeanor and a fine of up to $2,500.
“Our office has talked with law enforcement from around the state and local leaders,” Ptak said. “Again, we are looking for compliance and we expect this order to be enforced.”
