Gym lawsuit moves forward

The executive director of the law firm behind a lawsuit in Lake County Common Pleas Court seeking to open gyms across the state said the suit will move forward despite Gov. Mike DeWine’s novel coronavirus reopening plans.

DeWine announced May 14 that gyms and fitness centers would be among the businesses permitted to reopen on May 26.

1851 Center for Constitutional Law Executive Director Maurice A. Thompson following the announcement outlined several reasons why his firm is continuing with their lawsuit. The lawsuit names Amy Acton as a defendant in the suit in her capacity as director of the Ohio Department of Health. 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.

Thompson said gyms should be permitted to open now without further delay.

“Our case is also targeted toward making sure that what has happened never happens to gyms or other businesses again, especially because the state has been vocal that there will be a ‘second wave’ down the road,” Thompson said.

He added the firm’s case also challenges the Ohio Department of Health’s power to “to create its own crimes, and whatever regulations the Department creates subsequent to May 26 will still carry criminal penalties.”

“Our case is also targeted toward making sure that what has happened never happens to gyms or other businesses again, especially because the state has been vocal that there will be a ‘second wave’ down the road.” — Maurice A. Thompson

Thompson also said DeWine’s order left the door open for counties and cities to extend the closures and regulations beyond May 26 and that the governor may “flip flop” on his decision.

Several Lake County gyms are plaintiffs in the suit: AIM Performance Training LLC in Mentor, Armstrong Fitness in Madison Village, Ohio Sports and Fitness LLC in Willoughby, Powerhouse Gym of Eastlake, Rock House Fitness LLC in Painesville Township and Frederick’s Fit Factory in Mentor.

Auburn Township-based Everybody’s Gym is also a plaintiff in the lawsuit. The 35 gyms participating in the suit come from across the state, stretching from Ashtabula County to the

Cincinnati area.

DeWine said that gyms and fitness centers can reopen May 26 if these facilities can meet required safety protocols.

DeWine created the Gyms Advisory Group to “ensure that these establishments operate in the safest manner possible.” The 39-member group includes gym owners, county health commissioners and YMCA directors from across the state. The co-chairs of the group are Ohio Department of Veterans Services Director Debbie Ashenhurst and retired gym owner Pat Frock. She sold her Springfield-based gym in 2017, according to the Springfield News Sun.

The guidelines were unveiled May 15 and included mandatory requirements and best practices, such as requiring gyms to limit capacity (employees and members/clients) based on available space and ability to social distance with six feet between members/clients, except in facilities where instructor/student must be in close proximity (i.e. dance instruction, swimming, personal training, etc.).

Other requirements include deep cleaning after hours (or during low-use times for 24-hour facilities) and disabling (or marking) every other or every third locker for non-use to enforce six-foot social distancing requirement. The full list can be found at coronavirus.ohio.gov.

Spokespeople from DeWine’s office and the Ohio Department of Health previously declined to comment on the pending litigation. The Lake County General Health District stated that it also had no comment regarding the suit.

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