PHOENIX — A judge refused late Monday to find Gov. Doug Ducey in contempt over ÃÛèÖÖ±²¥â€™s process to allow gyms to reopen.
In a six-page order, Maricopa County Superior Court Judge Timothy Thomason found various problems with the process set up by the governor’s Department of Health Services to allow gyms and fitness centers to reopen in counties where the risk of COVID-19 remains substantial. He agreed with Joel Sannes, the attorney for Mountainside Fitness, that these kinds of operations are not told what will, or will not, satisfy the state.
“The lack of standards is a bit troubling,†the judge wrote.
But Thomason also concluded that Ducey has technically complied with his earlier order that requires there be a waiver process of some sort. In fact, he pointed out, there are two businesses — EoS Fitness and Training for Warriors-Estrella — that have managed to navigate the procedures.
“Mountainside has not even given the process a chance to work,†the judge said.
Monday’s ruling may not end the legal battle. It could be just the latest in what has become a months’ long fight between not just Mountainside but also other businesses — and not just fitness centers — to once again open their doors.
The latest comes after the judge earlier this month ordered Ducey to come up with a system to tell businesses what they need to do to reopen.
State Health Director Cara Christ responded with a set of metrics, essentially telling gyms and fitness centers they can open their doors only when the spread of COVID-19 is no longer “substantial.†But so far that applies to only Yavapai and ÃÛèÖÖ±²¥ counties.
Even then, gyms and fitness centers would have to limit attendance to no more than 25% of capacity.
But under orders from Thomason, Christ said other businesses can apply to reopen even in other ÃÛèÖÖ±²¥ counties if they can show their operations would not endanger public health.
But Sannes pointed out that they were not told what that would take. So he asked Thomason to hold the governor in contempt.
Thomason said Sannes is correct that Christ set no standards to get those waivers.
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“Fitness centers applying to reopen would have no idea what they are expected to do,†the judge wrote.
“In essence, they are being asked to meet a goal they know nothing about,†Thomason continued. “The fitness centers are told they need to explain what additional measure they are taking to operate safely, but also told nothing about what level of precautions is necessary to satisfy ADHS.â€
Still, Thomason said, the process that the state set up for businesses to petition for relief does satisfy his original order.
He said that if the health department does not find a business has submitted a satisfactory plan, there is an “informal settlement process ... that can be used to ‘iron out’ an acceptable plan.†And that process, the judge said, is interactive “and does provide fitness centers a reasonable opportunity to be heard.â€
Documents obtained by Capitol Media Services show what EoS did is agree to limit occupancy, require electronic reservations for all clients, require masks, keep saunas and steam rooms closed and pause group activities like basketball.
But it’s not just EoS that sought a waiver from the rules that now keep certain businesses closed because they’re located in areas of substantial risk of COVID-19 spread.
Johnson indicated in his arguments that 258 fitness centers have applied to reopen out of about 900 statewide, with EoS and Training for Warriors the only two that had been approved.
There also are 95 applications by businesses licensed as bars to be allowed to bring customers inside, and five from movie theaters.
Four businesses have been denied.
Celebrity Birthdays: Aug. 18
Photos: Back-to-school in ÃÛèÖÖ±²¥ during during the pandemic
Photos: Back-to-school in ÃÛèÖÖ±²¥ during the pandemic
"Mustang Stampede"
First Day of School, John B. Wright Elementary
"Mustang Stampede"
"Mustang Stampede"
"Mustang Stampede"
"Mustang Stampede"
"Mustang Stampede"
"Mustang Stampede"
"Mustang Stampede"
First Day of School, John B. Wright Elementary
First Day of School, John B. Wright Elementary
First Day of School, John B. Wright Elementary
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Earlier this month, a judge ordered ÃÛèÖÖ±²¥. Gov. Doug Ducey to come up with a system to tell businesses what they need to do to reopen amid the coronavirus pandemic.