Gym owner arrested again for violating county COVID-19 rules

For the third time in two weeks, a Plantation gym owner has been arrested for not requiring customers to wear masks in accordance with Broward County’s emergency order to combat COVID-19.

Michael Ryan Carnevale, 31, owns the Fitness1440 Plantation gym. He was arrested July 27 for failing to meet the list of safety requirements outlined in the county’s order.

Carnevale was arrested again Thursday and the gym was shut down. He was released from the Broward County Jail Friday morning and reopened his gym in the parking lot. He was arrested hours later, with his wife, Jillian, because patrons were not wearing masks.

He is facing misdemeanor charges for violating emergency-management rules, court records show.

Broward County issued the orders July 14. Carnevale filed a civil lawsuit against Broward on July 26, challenging the county order because it interfered with his “personal livelihood, liberty, and business enterprise.”

Among the county’s requirements: patrons must wear masks, equipment must be spaced 10 feet apart, plexiglass or panels must separate the exercise stations, hand sanitizers or disposable wipes must be available for patrons, and hygiene signage must be prominently displayed.

Carnevale said he won’t force patrons to wear masks because that inhibits breathing during exercise.

The Centers for Disease Control and Prevention has addressed that issue on its website.

“People who are engaged in high intensity activities, like running, may not be able to wear a mask if it causes difficulty breathing. If unable to wear a mask, consider conducting the activity in a location with greater ventilation and air exchange (for instance, outdoors versus indoors) and where it is possible to maintain physical distance from others.”

Carnevale appeared to follow that recommendation by moving the gym’s exercise equipment into the parking lot, but it was moved back indoors after his arrest Friday.