Attorneys for an owner of several Virginia-based gyms are turning to the Virginia Supreme Court to overturn parts of Executive Order 53, which ordered the shutdown of many nonessential businesses to help stop the spread of COVID-19.
Merrill C. “Sandy” Hall, who owns nine facilities affiliated with Gold’s Gym, and his attorneys argue the executive order exceeds Gov. Ralph Northam’s legal authority. Both of Hall’s attorneys are Republican members of the Virginia Senate: Bill Stanley, R-Franklin County, and Ryan McDougle, R-Hanover.
“With the governor’s announcement [Monday] extending Executive Order 53 for an additional week, Virginia’s businesses will have been closed for over 50 days, provided he actually abides by this latest expiration date,” Stanley said in a news release. “But in announcing this second extension and third modification of the order, the governor once again used qualifiers like ‘maybe’ and ‘hopefully,’ continuing the indecisiveness that has characterized his orders and left businesses like Mr. Hall’s on the brink of ruin.”
The lawsuit claims the governor can impose a criminal penalty through executive order only if a state of emergency is declared and an evacuation ordered. Although Northam issued a state of emergency statewide, he has not ordered evacuations of any area in which one of Hall’s gyms are located.
A lower court rejected this argument. Circuit Court Judge Claude Worrell ruled the governor has broad authority during a public health crisis and the balance of equities do not tip in Hall’s favor insomuch as his rights do not outweigh the rights of everyone else to be free from contracting a disease, according to WSET-TV.
“The trial court’s ruling would effectively grant the governor unfettered and unlimited powers, something the constitution, the code, and Supreme Court precedent expressly prohibit,” McDougle said. “Considering the ongoing negative and permanent implications to Mr. Hall, we are hopeful the court will act expeditiously.”
Other lawsuits have been filed against the governor’s executive orders, questioning their legal authority. Lighthouse Fellowship Church filed a lawsuit against the state after a pastor received a criminal citation for having a church service with 16 people. The lawsuit argued the enforcement violated the First Amendment. Although a lower court rejected the argument, the federal Department of Justice filed a statement of interest in the lawsuit supporting the church.
Gun range SafeSide Lynchburg sued the governor for ordering indoor gun ranges to temporarily shut down, arguing Virginia code does not permit the governor to limit gun rights during a state of emergency. A lower court ruled in favor of the gun range and ordered the state to stop enforcing the closure on the gun range. However, the order does not apply to gun ranges that aren’t listed in the lawsuit.
