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Gyms file lawsuit over indefinite closure
19 May 2020 . BY Tom Walker
The gym owners claim the decision to allow some businesses to reopen but keep gyms closed is a violation of their 'right to exist'
Photo: Shutterstock/Kawin168
Ohio gyms are capable of operating safely, and have the right to operate on equal terms with other Ohio businesses
– Maurice Thompson
Independent gym owners in Ohio have filed a lawsuit against state officials, challenging the decision to keep fitness facilities closed.

A group of 35 gym owners are claiming that the decision by the Ohio Department of Health (ODH) to allow the reopening of some businesses – but keeping gyms closed – is a violation of their "right to exist".

On April 30 the ODH issued an order which enables the reopening (or provides a pathway to reopening) of many of the state's industries, including retail and restaurants – but leaves gyms closed indefinitely.

According to the gym operators, the order was done "without regard to whether gyms are capable of operating safely".

A statement issued by the 1851 Center for Constitutional Law – which is representing the gym operators – states: "(Our complaint) asserts that the Health Director’s unfettered discretion over matters of quarantine and isolation is impermissibly vague and violate the separation of powers on its face.

"Further, the use of those powers to criminalise gyms, that could otherwise comply with each of the safety regulations articulated in the April 30, 2020 Order, violates operators’ right to equal protection.

Maurice Thompson, executive director of the 1851 Center, added: "The Ohio Constitution requires greater scrutiny of vague and discriminatory enactments that trample Ohioans’ property rights.

"Ohio gyms are capable of operating safely and have the right to operate on equal terms with other Ohio businesses. Once gyms have opened, we are committed to ensuring that these arbitrary policies never recur."

The case isn't the first lawsuit brought against local authorities by gym companies and operators in the US in recent weeks.

In the state of Virginia, a judge rejected a petition from Merrill Hall – who owns a chain of Gold's Gym franchises and other gyms – who was seeking to reopen his facilities despite an executive order requiring gyms to remain closed.

Dismissing the case, Circuit Court judge Claude Worrell said Virginia law gives the governor broad authority to issue executive orders during a public health emergency.
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Jobs   News   Products   Magazine
PRODUCT NEWS
Gyms file lawsuit over indefinite closure
19 May 2020 . BY Tom Walker
The gym owners claim the decision to allow some businesses to reopen but keep gyms closed is a violation of their 'right to exist'
Photo: Shutterstock/Kawin168
Ohio gyms are capable of operating safely, and have the right to operate on equal terms with other Ohio businesses
– Maurice Thompson
Independent gym owners in Ohio have filed a lawsuit against state officials, challenging the decision to keep fitness facilities closed.

A group of 35 gym owners are claiming that the decision by the Ohio Department of Health (ODH) to allow the reopening of some businesses – but keeping gyms closed – is a violation of their "right to exist".

On April 30 the ODH issued an order which enables the reopening (or provides a pathway to reopening) of many of the state's industries, including retail and restaurants – but leaves gyms closed indefinitely.

According to the gym operators, the order was done "without regard to whether gyms are capable of operating safely".

A statement issued by the 1851 Center for Constitutional Law – which is representing the gym operators – states: "(Our complaint) asserts that the Health Director’s unfettered discretion over matters of quarantine and isolation is impermissibly vague and violate the separation of powers on its face.

"Further, the use of those powers to criminalise gyms, that could otherwise comply with each of the safety regulations articulated in the April 30, 2020 Order, violates operators’ right to equal protection.

Maurice Thompson, executive director of the 1851 Center, added: "The Ohio Constitution requires greater scrutiny of vague and discriminatory enactments that trample Ohioans’ property rights.

"Ohio gyms are capable of operating safely and have the right to operate on equal terms with other Ohio businesses. Once gyms have opened, we are committed to ensuring that these arbitrary policies never recur."

The case isn't the first lawsuit brought against local authorities by gym companies and operators in the US in recent weeks.

In the state of Virginia, a judge rejected a petition from Merrill Hall – who owns a chain of Gold's Gym franchises and other gyms – who was seeking to reopen his facilities despite an executive order requiring gyms to remain closed.

Dismissing the case, Circuit Court judge Claude Worrell said Virginia law gives the governor broad authority to issue executive orders during a public health emergency.
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Innovatise, the company behind myFitApp, has announced the immediate availability of its customer- branded live-streaming solution.
EGYM presents Corona Gym Solution, for the successful re-opening of fitness studios
Finally, the time has come: fitness and health facilities around the globe are gradually resuming operations.
Bicester hotel opens purpose-built performance facilities to attract new target audience
The Bicester Hotel and Spa has launched purpose-built fitness and performance facilities to create a standalone, unique offering to attract a new demographic to the site.
EGYM launches digital functionality to help gyms adjust to a post lockdown world
As Governments turn attention to a lockdown exit strategy, the world is bracing itself for a ‘new norm’ where social distancing and heightened hygiene requirements become a part of daily life.
Adidas calls on BLK BOX for flooring solutions at new World of Sports complex
Adidas believes that creators, just like athletes, need an environment that inspires their employees to perform and believe that through sport, we have the power to change lives.
Gympass partners with Wexer to launch on-demand workouts for operators
Gympass has launched Gympass Plus - including an on-demand platform powered by Wexer - for its 2,200+ operator partners. The platform comprises more than 500 workouts from 18 content providers including Zumba and Gaiam.
What’s your Covid-19 exit strategy? How will you use this time to relaunch your business to thrive, not just survive
There is no escaping the fact that we are operating in extraordinary times. Our physical health clubs, gyms and studios are closed and we’re trying to keep our membership engaged, fit and healthy via online and digital training.
Incorpore and MoveGB ink groundbreaking partnership to transform corporate wellness offering
Incorpore and MoveGB have entered into a landmark partnership, combining the UK’s largest provider of corporate gym memberships with the nation’s biggest network of classes.
fibodo launches Fit 4 the Fight initiative to keep people active in the wake of the coronavirus
fibodo, a booking management platform for the fitness industry, has launched Fit 4 the Fight, a new initiative encouraging members of the public to keep active, as well as keep personal trainers and fitness operators working in the wake of the coronavirus.
Crown collaborates on £2m luxury spa at Torbay’s Lincombe Hall hotel
Boutique AA 4-star destination Lincombe Hall Hotel, Torquay, has expanded its leisure provision by unveiling a £2m designated luxury spa.
Aberdeen Sports Village puts digital connectivity at its core
The newly refurbished Aberdeen Sports Village (ASV) has undergone a £500,000 overhaul to enable it to offer a stronger user experience with digital connectivity at its core.
Precor launches online resources to help operators keep members engaged in the wake of coronavirus lockdowns
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Xn Leisure Systems Ltd

Xn continue to work with customers and the sector to understand and deliver technology to enhance [more...]
+ More profiles  
CATALOGUE GALLERY
+ More catalogues  

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MyZone - How to use the MZ-Bodyscan
The Best Product for the Best Clubs Find out more...
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DIRECTORY
+ More directory  
DIARY

 

02-05 Jun 2020

MIPIM

Palais des Festivals, Cannes, France
04 Jun 2020

SAPCA Annual Golf Day

Marriott Forest of Arden Hotel & Country Club, Birmingham, United Kingdom
+ More diary  
 


ADVERTISE . CONTACT US

Leisure Media, Portmill House, Portmill Lane,
Hitchin, Hertfordshire SG5 1DJ Tel: +44 (0)1462 431385

©Cybertrek 2020

ABOUT LEISURE MEDIA
LEISURE MEDIA MAGAZINES
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