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Superior Court judge denies motion to dismiss challenge of indefinite indoor fitness shutdown

The California Fitness Alliance (CFA) achieved a significant victory Wednesday as Los Angeles Superior Court Judge Mark Mooney denied the State of California’s motion to dismiss the CFA’s complaint, which challenges the indefinite shutdown of indoor fitness establishments.

Judge Mooney ruled that there is an actual controversy regarding the validity of the government’s COVID-19 orders and whether the State acted arbitrarily and capriciously in closing indoor fitness establishments statewide last July, an order that has denied millions of Californians equitable access to fitness.

“This is an important victory for the CFA, and all Californians,” said CFA attorney Scott J. Street, a partner with Los Angeles-based Musick Peeler & Garrett LLP. “Judge Mooney rejected the Governor’s demand that the judicial branch defer blindly to the executive branch’s decisions as long as the pandemic lasts. The judge correctly recognized that judicial review does not evaporate during a pandemic. It matters now more than ever.”

“This is an exciting victory for California’s fitness industry, the millions of Californians it serves and the thousands more it employs. We made great strides in getting outdoor fitness deemed essential, but that isn’t a practical option for most fitness facilities. Indoor and outdoor options need to be offered so Californians have the opportunity to stay healthy both mentally and physically, and the hard-hit fitness industry can begin to reopen and recover,” a CFA spokesperson stated.

The CFA understands the need to keep Californians safe and has implemented stricter safety protocols than have been asked, despite there being zero data that links any outbreaks of COVID-19 to gyms or fitness centers.

The State must respond to the CFA’s complaint within the next 20 days. The next hearing will occur on February 3, 2021, when Judge Mooney said he expects to set a trial date.

About California Fitness Alliance

The California Fitness Alliance is the united voice of fitness professionals in California advocating for growth for the fitness industry in a safe and healthy way to serve more and keep our state fit. Our members include health clubs, boutiques, studios, fitness professionals, manufactures and suppliers, and individuals. We represent all regions of the state, urban and rural, small and large. We provide everything from basic workout facilities to full-service programs. For more information on the alliance visit https://www.californiafitnessalliance.com/.

The article above was released by the California Fitness Alliance.

1 Comment

  1. With masking and lower concentration of people at indoor fitness centers compared to grocery stores, this type of business should be allowed to operate. Stay in court as long as it takes, your member’s customers want to exercise at your facilities with their friends instead of hanging out in their garages or back yards. LA County’s COVID cases surged big time and their fitness centers have been closed continuously since mid July, so they are not the problem.

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