Many small fitness clubs still open, despite order

Small gyms and fitness studios across the Valley remain open despite the governor’s order last week to to close all indoor gyms or fitness clubs for at least a month.

Although many contend their operations are fundamentally different and, by extension, safer than larger big-box gym chains, Gov. Doug Ducey’s order to “pause” operations did not discriminate by size.

More than 10 locations were open Monday, including at least six Xponential Fitness brand studios. The studios said last week that all locations would remain closed while the company settled the dispute in court.

Operations have continued without citation in most cases, flying under the radar as larger fitness chains like Mountainside Fitness and Life Time fitness have shared the spotlight.

Despite attorney’s claims, Xponential brand fitness facilities remain open

Alex Weingarten, a partner at Venable LLP who filed suit against the executive order in the U.S. District Court on behalf of Xponential Fitness, said Thursday that all 50 Xponential brand fitness studio locations in Arizona were closed while the case is litigated.

But The Arizona Republic confirmed at least 6 remained open as late as Tuesday morning, more than a week since Ducey issued the order to “pause” operations.

Xponential Fitness has 50 boutique exercise studios in Arizona, including brands such as Pure Barre and Row House. Collectively, the studios have more than 750 employees and about 20,000 customers, according to the complaint filed.

Only one location reported it had been visited by police. None reported being cited for violating the governor’s order.

Weingarten originally distinguished the Xponential franchise from other fitness chains defying the governor’s orders, saying that the franchise would stay closed out of respect for the governor’s authority.

When contacted Tuesday, he said he was unaware that some locations had continued operations.

Weingarten later said in an email statement that the studios were all instructed to close and that “to our knowledge, everyone is closed.” He added the studios are individual franchises as opposed to being corporately owned.

Staying open, but not staying quiet

While some fitness facilities like those affiliated with Xponential Fitness have continued operations quietly, Jeff Mahaffey, co-owner of Self Made Training Facility in Scottsdale and Phoenix, took a different approach.

He broadcast his decision to stay open and interactions with police on his Instagram and Tik-Tok accounts, some posts reaching more than 300,000 viewers.

Mahaffey, who co-owns the two facilities with his wife, said their Scottsdale location was first contacted by police June 30 and was warned it would receive a citation if it continued operations.

“I told them to go ahead and bring 31 citations if that’s the way it’s going to be every day, so we can save taxpayer dollars and time and effort, because we weren’t going to be closing,” he said. Scottsdale police came back the next day to give a three-hour warning and returned later to issue a citation.

Mahaffey said he’s confident that they will be able to keep everyone who enters their gyms safe, given the size and nature of the facilities.

Some doctors and COVID-19 ER nurses have continued to patronize his facility, Mahaffey said. “They are saying, ‘We have to stay in the gym,’ and the doctors want their people in the gym to keep their immune systems high.”

With the potential financial impact in mind, Mahaffey said keeping their doors open is worth the risk.

The first time the gyms closed when the state shut down in March, they didn’t receive any help from insurance or landlords, Mahaffey said. They lost $50,000 a month without operations, in addition to leaving the trainers who use the facility without work.

When their locations are open, Mahaffey said they make at least that in revenue at just one of their locations.

“I’m not hurting for money, but that’s a horrible business plan,” he said, in reference to the financial hit of closing down. Though, he said, things might have been different if there was a guarantee of assistance from the state.

“If you’re going to single out my industry, there better be some goddamn assistance coming my way,” Mahaffey said. “If you want me to close my doors, then pay my bills.”

Beyond the financial incentive and legal risks, Mahaffey says their decision to stay open has brought Self Made Training Facility good publicity. Each of his posts has been liked and shared by thousands of people, with mostly positive reactions.

“It’s been 99.9% of people saying ‘Thank God somebody is standing up’ or ‘More small businesses need to do this,’” he said.

Mahaffey says it’s frustrating for the fitness industry to be “cherry-picked” when he hasn’t seen any data to suggest that gyms are more dangerous than other indoor activities, which have been allowed to remain open.

“Whether you are in a gym or a grocery store, you might be clean or healthy yourself, but that doesn’t say anyone else around you is doing the same,” Mahaffey said.

Doctors call for stricter enforcement of restrictions

Meanwhile, more than 200 medical professionals signed and submitted an open letter to Gov. Doug Ducey Tuesday, urging him to strictly enforce his order to close gyms, bars, cinemas and water parks by punishing violators and incentivizing businesses that close.

Neal Jain, a clinical immunologist at San Tan Allergy & Asthma who signed the letter, said difficulties in enforcing proper mask wearing, rapid breathing during exercise and the age groups of many people who frequent gyms most are all factors that make gyms particularly risky.

Jain acknowledged that the governor’s order puts small gym owners, particularly those who take extra efforts to create a safer environment by limiting occupancy and enforcing mask wearing and social distancing, in a tough position.

“The unfortunate thing is that we are in a situation now where the governor has to make some hard decisions and try to apply a one-size-fits-all rule to individuals to slow the transmission of the virus,” he said.

From a public health perspective, Jain said he agrees that limiting gyms and bars isn’t going to solve the problem.

“None of us want to be in the situation where we have to shut down businesses and suffer the economic loss of closing temporarily or potentially permanently as a result of this, but if we are going to get through this and come out on the other side, we all have to do our part,” he said.

Once leading the resistance, Mountainside vows to close by Tuesday evening

Mountainside was the first gym to announce it would defy the governor’s orders to close. Other gyms, including Life Time, followed close behind.

Mountainside also filed suit in Maricopa County Superior Court Tuesday, claiming the governor’s order was “arbitrary and irrational.” Xponential Fitness, a California-based boutique fitness franchise, filed a similar lawsuit Wednesday in the U.S. District Court.

The Life Time fitness chain reversed course Friday, announcing it would close the fitness portion of its clubs in coordination with the Arizona Department of Health Services.

Mountainside maintained its stance, vowing to stay open while the case was litigated. Mountainside and EoS presented their arguments Monday during an emergency hearing on the case.

The judge on Tuesday denied Mountainside’s request for restraining order on the governor’s directive, prompting an announcement from Mountainside CEO Tom Hatten that they would temporarily close their facilities effective Tuesday evening.