Lodi gym plans to open Friday against orders
Despite San Joaquin County residents and business owners being ordered to stay at home indefinitely due to the coronavirus pandemic, the owner of a Lodi gym plans to open his doors Friday.
The Sacramento Bee reported that Sean Covell, owner of Fitness System at 512 N. Cherokee Lane, issued a message to his gym members on Tuesday that “no city, county, or state official has the power to cancel the Constitution and the Bill of Rights of the United States.”
In his message, Covell said the doors to his Lodi location, as well as his two sites in Sacramento’s Land Park area and West Sacramento, would also open.
“We have essentially been under house arrest,” Covell wrote. “Individuals and businesses have seen the trampling of their constitutional rights, people have been psychologically terrorized by the news, and politicians have been dispensing misleading information, half-truths and headlines intended to cause panic.”
Covell further asserted that citizens were being encouraged by politicians to call the police if they suspected someone of violating state and county stay-at-home orders, and that businesses were being branded as “killers” for trying to provide for employees and families.
“People just trying to live their lives are being shamed for going outside to get sunlight and exercise,” he wrote. “Today, we aim to make sure these violations of our humanity never happen again.”
Fitness System has complied with state and county orders by keeping the clubs closed through April 30, Covell said.
However, Gov. Gavin Newsom laid out a four-phase plan for re-opening California’s economy on Tuesday, stating businesses like gyms, salons and spas, sports without live audiences, inperson religious services and any business where workers come into close contact with each other, would be in the third stage.
He added that the third stage was “months, not weeks away,” and that California was only in its first stage for reopening, which focuses on staying home and working to flatten the curve of positive COVID-19 cases.
San Joaquin County’s stay-at-home order does not have a specific ending date, but states it will “continue to be in effect until it is rescinded in writing by the Health Officer.”
County Counsel Mark Myles said he and his staff are attempting to reach out to Covell and his representatives to have a discussion about his plans to open.
Myles said he read the message Covell sent out to his members, and expressed concern about his plans to keep the business clean.
“Some gyms have larger spaces, and some have smaller spaces,” Myles said. “We will most likely run into a problem, because if one gym opens, then others will, and we’re going to have a hard time regulating what they do.”
Myles added it can be difficult to enforce social distancing in gyms, and that if an asymptomatic carrier of the disease is working out, it can spread.
Jeff Hood, public information officer for the City of Lodi, said officials were aware of Covell’s plan to reopen and that they would respond appropriately if necessary.
“It’s surprising somebody would go to that step at this point,” Hood said. “They’ve made a conscious decision as to what they want to do. We’ll see how it plays out.”
Covell was not available for further comment at any of his three locations Wednesday.
His attorney, Valley Springs-based Bryan Chavez-Ochoa, said both the state and county stay-at-home orders violate his client’s constitutional rights, specifically the 5th Amendment, which contains a clause that states the government cannot take your property without proper compensation.
When asked if Covell had applied for the Paycheck Protection Program small business loan, Chavez-Ochoa said the program was difficult for small businesses to obtain, and only provided protection to employees, not profit for business owners.
He added there were no loan programs available to small business owners that would ensure they remain financially stable.
Chavez-Ochoa said that when the gym’s doors open Friday, Covell will follow Centers for Disease Control guidelines that ensure employees and members remain safe.
For example, he will be limiting the number of members allowed inside the building, block off some machines to ensure the six-foot social distancing mandate, and all equipment will be wiped down and sanitized after each use, Chavez-Ochoa said.
While the county stay-at-home order suggests residents can still exercise outdoors, Chavez-Ochoa said unless his client’s members have a gym in their home or backyard, they are not getting the same kind of workout as they would in a gym.
He said he understands Lodi Police Department officers are enforcing the county stay-at-home order by educating violators, but if enforcement goes beyond those measures, he plans to sue the city, police and city council, as well as county officials and Newsom in U.S. District Court.
“My heart goes out to those who have lost loved ones from this,” he said. “There was no doubt this virus was going to be deadly. I don’t deny people have passed away from this. If you want to come out, we’re open. But if you want to stay at home, we’ll respect that too. We’re simply giving access to gyms because the CDC says exercise is vital to health and well being.”
Fitness System is the second business deemed “non-essential” to openly violate both state and county stay at home orders.
Earlier this month, County Public Health Services posted a notice on the front doors of the Bethel Open Bible Church at 760 S. Ham Lane, effectively closing the building and preventing the Cross Culture Christian Center from holding public services.
Myles said he hoped the county would not have to do that to Fitness System.