Efforts by states and counties to rein in the rise in COVID-19 cases has led to another wave of gym closures or new restrictions in some states. But some gym owners have chosen to defy those orders, resulting in legal action and fines.
On Nov. 25, Minnesota Attorney General Keith Ellison filed a lawsuit and motion for a temporary restraining order to prohibit Plainview Wellness Center from remaining open, the Attorney General’s Office announced. Minnesota Gov. Tim Walz’s executive order requires gyms and other venues that host indoor events to close for four weeks until Dec. 18. Ellison’s office has civil authority to enforce that prohibition and seek relief if necessary.
Ellison’s office reached out to Plainview Wellness Center to educate the management on the requirements of Executive Order 20-99, the media release noted. In response, management at Plainview said it would remain open.
A message posted on the Plainview Wellness Center Facebook page on Nov. 25 said: “We are all thankful for you and your fight against the tyranny. Our thought is...those at high risk for Covid, feeling ill, stay home and isolate yourself. The rest of us, carry on...we call that freedom. Fight for it and stand strong - United!”
A fundraising campaign to help Plainview’s owner, Brandon Reiter, with his legal expenses has raised $11,000 as of Dec. 1.
In New York, Robbie Dinero, owner of Athletes Unleashed in Orchard Park, New York, filed a lawsuit on Nov. 30 against New York Gov. Andrew Cuomo and the New York State Department of Health over Cuomo’s authority to extend executive orders. Dinero’s lawyer, Paul Cambria, told WBFO TV that Cuomo’s executive orders are only good for 30 days and must then receive input from the state legislature for extension.
In response to the lawsuit, Cuomo spokesman Rich Azzopardi responded on Twitter: "We get sued virtually every day for virtually every action taken during this pandemic and based on what you laid out this entire argument is based on crackpot logic. We routinely extend executive orders as needed. That’s not unique to the pandemic."
Last week, Dinero was fined $15,000 by the Erie County Department of Health for violating state law when he hosted a gathering of about 50 business owners at his gym, according to WGRZ news. The meeting violated state regulations on no gatherings of more than 10 people and mask requirements, according to the station. Dinero initially said he would reopen his club on Nov. 30, but after consulting with his lawyers, he decided not to do so, filing the lawsuit instead.
Athletes Unleashed had been a CrossFit affiliate until last week when an email that Dinero allegedly sent containing profanity and racist language was forwarded to CrossFit headquarters. CrossFit reached out to Dinero about the email, and, according to CrossFit, Dinero did not deny writing the email, so the company stripped his affiliation, according to the Buffalo News. CrossFit’s founder, Greg Glassman, faced allegations of racism and sexism earlier this year when he made comments on Twitter and in a company Zoom call about the death of George Floyd, the unarmed black man who was killed by a Minneapolis police officer on May 31, and after the New York Times reported that Glassman had allegedly sexually harassed women on the staff. Glassman denied those allegations, but he retired in June and sold the company to Eric Roza, a CrossFit affiliate owner.
In Salem, Oregon, Courthouse Club Fitness, which has five clubs, was fined $90,000 for defying a gym closure order by Oregon Gov. Kate Brown. The order puts a two-week freeze on gyms in parts of the state and a four-week freeze where the cases are especially high.
Courthouse President John Miller said in a statement to the Salem Reporter that his club would not be able to survive the closure, and it was best for his members, staff and the community if his clubs remained open.
All five of the Courthouse locations remain open and never closed since the latest order was put in place, according to a customer service representative at the company.