Las Vegas Review-Journal

Gym sues governor, LV police

Operators contend Sisolak has no authority to order closures

- By David Ferrara Las Vegas Review-journal

A gym in northwest Las Vegas that was the site of a coronaviru­s shutdown protest has filed a lawsuit against Gov. Steve Sisolak and the Metropolit­an Police Department.

According to the lawsuit, filed Tuesday, the owners and employees of Crossfit Apollo on North Buffalo Drive were conducting a staff meeting last week when two police officers entered the gym and discussed the governor’s most recent order, which allowed certain businesses to reopen but precluded gyms, bars, gaming establishm­ents and entertainm­ent venues.

One of the officers told the owners, Chad Cole and his mother, Monica, that they could lose their business license and be arrested if they opened as intended May 15, according to the lawsuit.

Attorney Craig Mueller filed the lawsuit in District Court on behalf of the gym.

“The conduct of Las Vegas Metropolit­an Police Department’s officers or employees or agents or representa­tives or contractor­s was a direct consequenc­e of de facto policies and practices implemente­d, condoned, fostered and tacitly sanctioned by defendant, Las Vegas Metropolit­an

Police Department, which reflect a willful indifferen­ce to Plaintiffs’ constituti­onal rights,” the lawsuit said.

Metro officials declined to comment on the complaint.

Sisolak has said the state would not have enough data on whether to move forward with further easing restrictio­ns until the end of the month.

The Coles contend in their lawsuit that there was no need for the continued business shutdowns because the state did not have a shortage of hospital beds, ventilator­s, personal protective equipment or COVID-19 testing.

“Governor Steve Sisolak had no legal authority to act in ordering isolation or quarantine of citizens and closure of businesses,” the lawsuit said.

On Monday, the Coles hosted a public workout in the parking lot outside the gym, gathering dozens of people, none of whom appeared to wear protective masks or practice social distancing. Chad Cole told a Las Vegas Review-journal reporter covering the protest that he and his mother were still deciding whether to risk their business license and try to reopen before the end of the month.

Church files suit

In a separate lawsuit filed Wednesday in federal court, a Las Vegas church sued the governor, Attorney General Aaron Ford and Justin Luna, the state’s emergency management chief.

The complaint filed on behalf of Calvary Chapel Lone Mountain on North Rancho Drive and its parishione­rs alleged that the governor was wrong to force the church to close.

“The designatio­n of essential vs nonessenti­al business was based on the services the business rendered, not business capacity, public health or empirical data,” attorneys Joey Gilbert and Sigal Chattah wrote in the lawsuit.

The complaint added that “the arbitrary and capricious quarantine­ofallcount­iesinthest­ate of Nevada, failing to quarantine Covid-19 positive only individual­s and instead quarantini­ng all individual­s regardless of whether they were positive or not, or whether the Counties had incidents of Covid-19 was arbitrary and unsupporte­d by any empirical data to substantia­te such actions.”

State officials have declined to comment on pending coronaviru­s litigation.

Contact David Ferrara at dferrara@reviewjour­nal.com or 702-380-1039. Follow @randompoke­r on Twitter.

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