A California judge denied the State of California’s motion to dismiss the California Fitness Alliance’s complaint against it over the state’s closure of indoor gyms in much of California, according to a media release from the California Fitness Alliance (CFA).
In September, the CFA filed a lawsuit in Los Angeles County Superior Court challenging the scope of California Gov. Gavin Newsom’s power to issue indefinite orders. The lawsuit alleges arbitrary treatment of fitness centers during the COVID-19 pandemic.
The CFA is seeking to lift some of the restrictions on indoor fitness mandated in California. Currently, counties in the state are color coded based on their COVID-19 positivity rate. Clubs in the purple tier, which is the highest tier and encompasses much of the counties in the state, can only operate outdoors.
CFA attorney Scott J. Street, a partner with Los Angeles-based Musick Peeler & Garrett LLP, called the ruling “an important victory for the CFA and all Californians.”
He said: “Judge Mooney rejected the governor’s demand that the judicial branch defer blindly to the executive branch’s decisions as long as the pandemic lasts. The judge correctly recognized that judicial review does not evaporate during a pandemic. It matters now more than ever.”
The CFA called the ruling “an exciting victory” for California’s fitness industry, its employees and its members.
Even though the industry made strides in getting outdoor fitness deemed essential, that option isn’t practical for most fitness facilities, the CFA said. Indoor and outdoor options need to be offered so Californians have the opportunity to stay healthy both mentally and physically, and the hard-hit fitness industry can begin to reopen and recover, the alliance said in the release.
The release shared that the CFA had implemented stricter safety protocols than have been asked, despite zero data linking any outbreaks of COVID-19 to gyms or fitness centers. The state must respond to the CFA’s complaint within the next 20 days.
The next hearing will occur on Feb. 3, 2021, when the judge is expected to set a trial date.