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Gov. Doug Ducey's request to keep Arizona gyms closed denied by court

Ducey filed a notice of appeal and a motion to delay enforcement of a judge's ruling, which came down earlier this week.

PHOENIX — A judge denied Governor Doug Ducey's request to keep gyms closed until an appeal process was complete on a ruling requiring the state to provide a way for gyms to apply to reopen their facilities. 

Maricopa County Superior Court Judge Timothy Thomason said in Friday's ruling says the process has being drawn out.

"Plaintiffs have been mandatorily shutdown for well over one month without any opportunity to be heard. A stay would further delay and impair plaintiffs’ procedural due process rights for weeks and perhaps months. A stay could very well render the procedural due process issue moot," Thomason said. 

Ducey filed a notice of appeal and a motion to delay enforcement of the judge's ruling, which came down earlier this week.

Judge Thomason had ruled that "fitness centers must be provided a prompt opportunity to apply for reopening."

Gyms are currently set to be closed until at least Monday, after Ducey extended executive orders that closed gyms, movie theaters, bars, water parks and tubing.

Mountainside Fitness and EOS Fitness were plaintiffs in the lawsuit filed against Ducey. Mountainside Fitness has already announced plans to reopen gyms on Tuesday.

The ruling was announced on Tuesday. The Arizona Department of Health Services has since released forms where businesses can attest that they're complying with the department's COVID-19 guidelines. 

Mountainside Fitness had previously filed for a restraining order against Ducey's initial June 29 orders, but lost the decision.

A judge last month also ruled against Xponential Fitness after the company sued the state over Ducey's executive order.