mountainside fitness

Another Gym Owner Makes Plans To Sue An Elected Official, This Time In Arizona

Arizona Governor Doug Ducey’s executive order to close down bars, gyms, clubs, pools and water parks on June 29th, along with ordering residents to wear masks in public, came as an apparent surprise to many, including Mountainside Fitness CEO, Tom Hatten, who, according to FOX News, immediately said he was going to sue the governor upon hearing the announcement.

From Fox News:

He criticized the governor for closing down health clubs, tubing, and movie theaters that were already closed, instead of places like Home Depot, casinos, liquor stores, and restaurants.

“I asked the governor, ‘Where’s the proof that this decision came from any evidence of what’s happening in any health club here in Arizona or across the country?'” Hatten said.

Hatten says the health club will be open on Tuesday, June 30, despite the fact that Ducey’s executive order requires gyms to shut down at 8 p.m.

Hatten had a great question for the governor, but something tells me he’s not going to get an answer any time soon.

It’s a shame there aren’t any studies available on this, but I’d bet that gym-goers are the least likely to fall ill to and/or spread the coronavirus due to the simple fact that people who go to the gym are among the healthiest in our society.

This story is very similar to that of Atilis Gym in Belmawr, New Jersey, who’s owners, Frank Trumbetti and Ian Smith, actually did sue the governor of New Jersey, but had their case thrown out of court because the judge ruled it was not a federal matter due to the fact that they violated governor Murphy’s lockdown order and were subsequently forcibly shutdown by the health department.

From NJ.com:

Judge Kugler agreed with Grewal’s argument that the federal lawsuit is precluded by a doctrine barring federal courts from hearing civil claims arising from state court prosecutions, according to an article published by Law360.

After the hearing Friday, the gym owner’s attorney Christopher Arzberger told Law360 that he was disappointed in the ruling but planned on pursuing an appeal in the state Appellate Division.

Clearly, suing the governor, in this case, may not be the best course of action for Hatten.

So, what can we do?

I say let’s melt the phone lines of our congressional representatives and let them know that these draconian lockdown measures are hurting the gyms we love, as well as our local businesses and that we won’t vote for them if they don’t relax these rules somehow.

After all, there is plenty of evidence to suggest that the supposed ‘second wave’ of the COVID-19 pandemic is being ginned up.

See here, here, here, and here .

Basically, these coronavirus tests are notoriously inaccurate to begin with and states are using them to test people en masse, so naturally, the numbers are going to go up significantly.

Especially since the CDC has been urging states to count “probable” fatalities, so now, it’s all a giant projection that isn’t even based in fact.

You have my full permission to download, print and distribute this flyer far and wide.

Let’s fight to save our neighborhood gyms!