Ultimatum over gyms reopening could end in court
GYM owners across Wales have issued the Welsh Government with an ultimatum which could result in legal proceedings starting in seven days’ time.
A letter informing the Government of the potential for a judicial review was set to land on First Minister Mark Drakeford’s desk ahead of the bank holiday after it was confirmed that gyms in Wales would not be allowed to reopen until at least May 10.
At present, the Welsh Government plans to allow one-to-one sessions or individual training on that date. There will be no indoor classes at that time.
The prolonged closure, announced on Wednesday evening, was not the news the industry had been hoping for.
With many independent gym businesses in financial difficulty, owners have reached the end of their tether and feel they have been left with no choice but to fight the restrictions.
They have sent a letter to the First Minister, seen by the Post, calling on him to allow them to reopen their doors in line with plans in England on April 12 – if even in a limited capacity – or provide clear evidence-based justification for their continued closure.
If the Welsh Government does not respond by April 7, judicial review proceedings could then begin without further notice.
Outlining the case for gym owners, the letter, issued by solicitors, brands the continued shutdown of facilities “irrational” and “disproportionate”.
It cites the reopening of hairdressers in mid-march and other close-contact services and all nonessential shops resuming trade from April 12 to illustrate what they deem to be unfair treatment of their sector.
It also points out that gyms and leisure centres boast significant mental and physical health benefits.
The letter states: “It would only be justifiable to maintain restrictions on gyms if the evidence clearly showed that this was necessary to protect the public health or that gyms posed a significantly different risk to public health other than those services which are now, or will be shortly, permitted to open.
“However, this is not the case. To the contrary, the evidence does not support the continued closure of gyms whatsoever.”
It then goes on to highlight three different studies, including one conducted in South Wales, which conclude gyms are safe and not places of increased transmission.
The data being used to guide the government has been met with scepticism by the industry and, in February, the First Minister was accused of misrepresenting evidence around the alleged dangers gyms pose.
Ukactive, the body representing the industry in talks with Welsh Government, previously said: “It is clear that the continued delays to reopening our sector are not driven by scientific advice.
“The treatment of gyms, pools, and leisure centres over the past few weeks has been unacceptable, and ukactive will continue to work with the Welsh Government and its Welsh stakeholder partners to explore all available options to ensure the swift reopening of our facilities.”
Another source of frustration for gym owners in Wales is that their English counterparts will be opening almost a full month before the restrictions here allow.
That has sparked fears that some gym-goers, particularly close to the border, will cross over into England to take advantage of the available facilities.
The Welsh Government has remained cautious with regards to the reopening of gyms, pointing to fears surrounding the highly-infectious Kent variant of Covid-19 that has taken hold in the country.
In early February, Eluned Morgan, the Welsh Government’s Mental Health, Wellbeing, and Welsh Language Minister, insisted gyms and fitness centres would be among the first businesses considered for reopening when the easing of restrictions began, but this has not proven the case.
The decision not to give the green light to reopening gyms has already been criticised by the Welsh Conservatives.
Reacting to the announcement on Wednesday night, the party’s Senedd leader Andrew RT Davies said: “Whilst we welcome the restart of non-essential retail, it’s regrettable Labour have not seen fit to give the green light to the safe reopening of gyms given two months ago ministers claimed it was a priority, and considering the huge toll lockdown has had on the physical and mental well-being of thousands of Welsh people.”
First Minister Mark Drakeford defended the Welsh Government’s stance, saying: “Gyms now have a definite date for reopening in Wales and I hope that will be something that will allow people to plan and get everything in place.
“The published advice from as long ago as February from our technical advisory group does demonstrate that gyms can be super-spreader locations. “They are indoors. “Some of them are not as well ventilated as others, but they are still the first thing that we will allow to happen indoors in the sequence.”
He added that leisure centre and indoor fitness facilities will be allowed to open “as soon as we believe it is safe for that to happen”, adding: “This allows the sector to put in place all the safeguards that are necessary to make sure people can visit them confidently and knowing that their health and well being is going to be properly looked after.”
...the evidence does not support the continued closure of gyms whatsoever
- Gym owners’ letter to First Minister Mark Drakeford