Senate Republicans Appear to Have the Votes to Push Through Trump's Budget Reconciliation...
Pentagon Watchdog Launches 'Signalgate' Investigation Into Pete Hegseth
United Kingdom Weighs Striking Back Against US Tariffs, and It's Asking Businesses for...
A Quick History of American Tariffs: The Good, the Bad, and the Ugly
An Ivy League Professor Flees to Canada and You Will Be Made to...
'Designed for Battle' Isn't a Valid Argument for Gun Control
Did '60 Minutes' Put Out Their Worst Segment With Lesley Stahl Providing Cover...
Kamala Harris Did More Than Just Endorse New WI Supreme Court Justice
Trump Weighs In on Proxy Voting Proposal, and It Looks Like There May...
Bernie Sanders Once More Tries, Fails Miserably to Get His Anti-Israel Resolutions Passed
Is AOC Really the Democratic Party's Leader? Here's What These Polls Say.
Senate Votes on Confirming Dr. Oz for Role in Trump Administration
We Will Hold Rogue Judges Accountable, Rep. Gill Says
Will the Liberal Media Cover This Horrific Crime Story?
Surprise: The 'Pro-Palestinian' Mob Has Nothing to Say About Hamas Murdering Palestinians
Tipsheet

'Relief': Arizona Gym Wins Partial Victory Against Governor's Shutdown Order

AP Photo/Lisa Rathke

A county judge in Arizona has handed a local health club a partial victory in its challenge to Gov. Doug Ducey’s executive order closing gyms. Although the order will stand, the judge ruled that the governor must give gyms adequate time to petition for reopening.

Advertisement

The ruling comes a month after Townhall reported that the gym, Mountainside Fitness, had lost its request for a restraining order blocking Gov. Ducey’s recent order forcing gyms to temporarily close a second time due to COVID-19 concerns. Despite acknowledging that the hardships to Mountainside and others impacted by closures may have been “unfair,” the court held that the gym did not sufficiently prove that the impact would be detrimental.

Mountainside didn’t give up, though. They pointed out that while the governor’s executive order said that establishments seeking to reopen could submit a form provided by the Arizona Department of Health Services proving their compliance with COVID-19 regulations, the state did not provide the form until after businesses had been forced to shut down. Even then, the form did not give fitness centers an opportunity to reopen during the mandatory shutdown period but simply attested that they would remain closed.

On Tuesday, the Maricopa County Superior Court ruled that the governor’s shutdown mandate violated procedural due process by failing to provide businesses like Mountainside an avenue to show it could safely reopen. 

“The Court rules only that fitness centers and gyms are Constitutionally entitled to some mechanism for petitioning for reopening,” the judge wrote. “They must have some meaningful opportunity to be heard.”

Advertisement

In addition, although gyms might be able to weather a short closure, the judge noted that an extended shutdown “with no end in sight” could force businesses to “close permanently,” as has happened to countless businesses across the nation. 

“There is very little credible scientific data supporting the notion that fitness centers operating with necessary safety protocols pose a danger or that shutting down well run gyms has a significant public health benefit. Yet, fitness centers and gyms have been closed for weeks without any due process whatsoever,” the ruling continued.

The judge ruled that gyms should have a “prompt opportunity” to apply for reopening and that the governor must establish a process for doing so “within one week from the date of entry of this order.”

Mountainside took to Twitter to celebrate the news and announced that it would resume operations next week.

“Relief is how we are feeling today,” Mountainside Founder and CEO Tom Hatten said in a press conference. “Since the first shut down, we have continued to do everything the governor and the state have asked us to do to safely operate our business and finally today, thanks to Judge Thomason, we have an avenue to open and stay open.”

Advertisement

Still, the judge did not find that the governor’s executive order violated procedural due process as the gym claimed, nor does it allow gyms to reopen immediately. Additionally, unless he extends it, Gov. Ducey’s executive order is scheduled to expire Aug. 12, which would make Mountainside’s win more symbolic than practical.  

But Hatten sees it as a victory nonetheless. 

"It's been a nightmare to be honest with you. I spent 30 years building Mountainside up. It’s the American dream, and to watch that seemingly come crashing down, and it quite possibly could have, was beyond scary," he said. "I hope this ruling is there for everybody’s sake to understand we don’t need to go through this as a business community, no business needs to go through this. We can move forward through this virus together, period."

Join the conversation as a VIP Member

Recommended

Trending on Townhall Videos

Advertisement
Advertisement
Advertisement