Legal action from gym owners over reopening delays
GYM owners across Wales plan to continue pursuing legal action against the Welsh Government and protests will go ahead as planned this Saturday.
This is despite First Minister Mark Drakeford revealing new proposals allowing gyms in Wales to open on May 3 as opposed to May 10, as originally planned.
While the move was generally welcomed by the sector, there is also a sense that it is still not early enough, with gyms re-opening across the
Bridge on Monday.
There is also a feeling among gym owners that the move is a political one, bringing the reopening date forward to three days before the Senedd Elections to create a feelgood factor.
“Broadly speaking, I welcome the news that we can open a little earlier than originally conveyed,” said Lindsay Sian White, who runs a studio in Swansea.
“But it’s still slightly frustrating that there are different rules in different nations with different dates in Scotland, England and Wales.
“You do question the
Welsh Government’s motives for bringing forward the reopening of gyms to three days before the election.”
Dai Watkins, of the Gym Shed in Llandovery, agrees. He has been at the forefront of the threat of legal action against the government, acting for hundreds of gym owners across Wales.
On April 1, a letter from solicitors acting on behalf of the gyms was sent to Mr Drakeford, calling on him to allow Welsh gyms to reopen in line with England on April 12, or provide the evidence being used to keep them closed.
They warned failure to do so in the space of seven days could lead to judicial review proceedings commencing without further notice.
The latest announcement regarding the new reopening date of May 3 has not deterred owners across Wales, who intend to press ahead with their legal action.
“Whilst bringing our reopening date forward by one week is appreciated, it still leaves us three weeks behind England and those gyms along the Walesengland border are really going to struggle, particularly when they know that English gyms just up the road will also be receiving restart grants of between £12,000 and £18,000,” Mr Watkins told the Post.
“Welsh gyms have had no financial support since March and no restart grants have been discussed.
“It’s ironic that this decision has been made a couple of days after they received our sector’s letter of intent to launch judicial review proceedings against the Welsh Government’s handling of our sector during the pandemic and the spreading of misinformation about UK gyms being potential
‘‘ Whilst bringing our reopening date forward by one week is appreciated, it still leaves us three weeks behind England and those gyms along the Wales-england border are really going to struggle, particularly when they know that English gyms just up the road will also be receiving restart grants of between £12,000 and £18,000
- Dai Watkins
superspreader environments when all the evidence points to this being completely untrue.
“It’s also noteworthy that the Senedd elections are three days after the newly-proposed reopening date on May 6.
“For the above reasons we intend to pursue the judicial review unless we are brought more in line
with England next week.
“We are open to discussions with Welsh Government if we can assist their decision making further.
“We would accept a partial reopening on April 19th coupled with financial restart assistance.”
The financial element of the continued closures compounds the frustrations of gym owners.
They say government aid dried up at the end of March and they are currently receiving no support until they can reopen on May 3.
In England, gyms reopen on Monday and can claim up to £18,000 in restart grants.
It has sparked fears that facilities particularly close to the border could lose clients to gyms just a few miles away.
“You’re asking us to shut our doors but we’ve got bills and no money coming in,” said White.
“Over the Bridge, they’re opening in April and can benefit from restart grants.
“Those Welsh gyms on the border are getting absolutely hammered because gyms a few miles down the road are having thousands of pounds to develop their business and improve facilities.
“There is no doubt that members will travel and Welsh gyms on the border will lose customers.
“Gym owners in Wales are losing thousands of pounds every day that the gyms remain shut and now the government is not offering any support.”
One gym within touching distance of the border is Abergavenny Strength and Conditioning, a not for profit facility.
Director Damian Cole is not impacted financially by the continued closures but is still frustrated by the Welsh Government’s decision.
“It’s a week earlier but it’s still nowhere near good enough or justifiable when gyms are reopening in England on Monday and Wales have a lower number of cases,” he said.
“It’s a ludicrous situation that I can drive 14 miles to a gym on Monday but I can’t do that in Wales.
“By keeping gyms shut in Wales, the physical and mental wellbeing of members is being put in jeopardy and the government
is penalising gym owners financially because on Monday members can just drive across the border to gyms and I’m sure thousands of people will do it.”
There is also the fact that staying fit and active helps to stave off other conditions that put a different kind of stress on the NHS at a time when pushed to its limits by Covid-19.
“It’s also about reducing the demand on the NHS, which is already stretched,” said White.
“There’s no denying that when we can open, it will reduce the likelihood of things like knee replacements and hip replacements. We’ve got a massive diabetes and obesity issue in Wales.
“The tide won’t turn overnight but it will make a difference.
“So why are they keeping gyms closed? To protect the wellbeing of the nation? You could argue that keeping us shut is doing the opposite.
“But a week earlier, is a week earlier. The sooner we can get our customers back in our studios and gyms, the better.”
A protest has also been organised in Cardiff on Saturday for gym owners and members to voice their displeasure at the government’s
handling of the sector. That will still go ahead despite the recent update from the Welsh Government.
“The event is still going ahead as our message is to change the classification of gyms to essential rather than a particular opening date,” said Alex Bodin of One Gym Newport.
“While it’s a small win and a step in the right direction, it feels more like a gesture to silence us than anything else. I can’t help but to think it has something to do with elections being round the corner. The event has gained a lot of momentum since we last spoke and there will be hundreds in attendance. Which shows that people in Wales feel strongly about their health.”
The Welsh Government have always adopted a cautious approach to the easing of lockdown restrictions given that the new, highly-infectious Kent variant has taken a foothold in Wales.
However, there is a feeling among gym owners that their facilities are no more dangerous than any other part of society and they will argue that there is no evidence to suggest anything to the contrary.