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Mountainside Fitness files Motion of Contempt against Gov. Ducey

Following a court decision in early August, Gov. Ducey has yet to release parameters for safe reopening of gyms and fitness centers, Mountainside Fitness says.

PHOENIX — Mountainside Fitness and EOS Fitness have filed a Motion of Contempt against Gov. Doug Ducey because they are not satisfied with reopening parameters set following the August court decision.  

"There is very little credible scientific data supporting the notion that fitness centers operating with necessary safety protocols pose a danger or that shutting down well-run gyms has a significant public health benefit," Judge Timothy J. Thompson said in his written ruling. 

Ducey took measures in July to close gyms and other high-frequency businesses as a way to slow the spread of COVID-19 and Mountainside Fitness has been at the forefront of fighting against that decision. 

The Arizona Department of Health Services released benchmarks for reopening businesses based on the virus in the state on Aug. 10. Arizona is now at a "Substantial" rating, according to DHS, which is above the benchmark set for safely reopening gyms, theaters, water parks, bars and nightclubs.

As the state moves into the "Moderate" phase, DHS has determined that businesses listed above can begin reopening at limited capacity and further the process as cases decrease more. 

Some of the complaints posed in the petition include the lack of timeline, ambiguous details of the order and the lack of an appeal process, according to court documents. 

Tom Hatten, owner of Mountainside Fitness released a statement with the Motion:  

We're right at the end and I think I speak for all small business owners, whether it's health clubs, water parks or other businesses, the abuse of power and what he's doing to small businesses under the guise of coronavirus, has to be stopped.  We all certainly understand the serious nature of the virus, but we all have to be allowed to move forward together and keep our businesses open. Otherwise, we will continue to see businesses close their doors and entire industries wiped out.

There is no further information on the timeline for reopening from either side.