3 Lorain area gyms join suit to reopen

Facilities across state are part of lawsuit filed in Northeast Ohio

Several Lorain County area gyms are among the 35 across the state suing the Ohio Department of Health over the state’s novel coronavirus-related reopening plan.

The suit filed in Lake County Common Pleas Court by the Columbus-based 1851 Center for Constitutional Law, argues that Health Director Amy Acton’s April 30 “Stay Safe

Ohio” order “provides a pathway to opening, many Ohio industries, but leaves gyms closed indefinitely without regard to whether gyms are capable of operating safely.”

“The 1851 Center’s Complaint asserts that the Health Director’s unfettered discretion over matters of quarantine and isolation is impermissibly vague and violate separation of powers on its face,”

1851 Center for Constitutional

Law stated in a news release announcing the suit. “Further, the use of those powers to criminalize gyms that could otherwise comply with each of the safety regulations articulated in the April 30, 2020 Order violates operators’ right to equal protection.”

The lawsuit seeks the immediate reopening of the gyms.

“Ohio gyms are capable of operating safely, and have the right to operate on equal terms with other Ohio businesses,” 1851 Center Executive Director Maurice Thompson argued in a statement.

The Lorain County area gyms named as plaintiffs in the suit are Blind Dog Gym in Vermilion, Hoisting Steel Strength and Fitness Club LLC in Amherst and Coca CrossFit in North Ridgeville.

The gyms participating in the suit come from across the state, stretching from Ashtabula County to the Cincinnati area.

The Lake County General Health District is named as a defendant in the lawsuit along with ODH. The health district enforces ODH’s orders in Lake County.

The case has been assigned to Lake County Common Pleas Court Judge Eugene A. Lucci.

Spokespeople from ODH and Gov. Mike DeWine’s Office May 13 declined comment on ongoing litigation. A Lake County General Health District spokesperson said the agency has no comment at this time.

DeWine said at his May 11 news conference that the state has a group of gym owners who are working on a plan to reopen gyms in Ohio.

No plans have yet been released.

The 1851 Center for Constitutional Law in April filed a federal lawsuit on behalf of a Columbus-area bridal shop, arguing that Ohio’s “stay at home” order violated the shop owner’s constitutional rights because it failed to provide an opportunity for her to challenge the “non-essential” status of her business.

Southern District of Ohio Chief Justice Algenon L. Marbley ruled against the bridal shop.

“The state’s order directing non-essential businesses to cease operating their physical locations did not violate plaintiffs’ due process rights because the director’s order was a generally applicable order affecting thousands of businesses, and not a decision targeting an individual or single business,” Marbley wrote.