PHOENIX (AP) - A judge has ruled Gov. Doug Ducey’s closure of gyms across Arizona in response to the pandemic violates the due process rights of health clubs and he set an Aug. 11 deadline for the governor to set up a system for giving fitness businesses a chance to apply to reopen.
Judge Timothy Thomason wrote in the ruling Tuesday that health clubs that have been shut down for more than a month might not be able to survive, yet they were denied due process because they couldn’t apply to reopen until Ducey ended the shutdown.
“It is imperative that their constitutional rights be respected,” Thomason wrote.
Tom Hatten, chief executive of Mountainside Fitness, one of the two health club chains that challenged the order in the case, said he plans to reopen his clubs on Aug. 11. The judge said a health club would be allowed to reopen once it attests to the state that it is following COVID-19 prevention guidelines, though the state could still deny individual reopening applications as long as it’s providing due process.
The ruling represents a turnaround for the fitness chains, which had lost an earlier legal battle in the case. Nearly a month ago, Thomason rejected a request by the clubs to stop enforcement of Ducey’s shutdown, ruling that elected officials must be given wide latitude in making decisions in emergency situations.
In the latest ruling, the judge noted that the governor has a rational basis for concluding health clubs should be shut down for a period, but he also noted that Ducey provided little evidence to show health clubs that follow the rules pose significant dangers.
The governor’s attorneys said gym closures were legally sound because there’s an increased likelihood of being infected with COVID-19 through respiratory droplets when people exercise vigorously indoors.
Mountainside argued the state had no rational basis for shutting down gyms that were following its protection guidelines, while other businesses that did a poor job at social distancing were allowed to remain open. The health clubs said no known COVID-19 outbreaks have occurred in gyms in Arizona.
Thomason said a small number of Arizona businesses are currently shut down. Some of them, the judge wrote, are operating without mask or social distancing requirements, while health clubs that are willing to operate safely remain closed.
“One could certainly argue that there does not appear to be any rational basis for allowing the vast majority of bars (those offering food) to remain open, while fitness centers with safety precautions must remain closed,” Thomason wrote, noting however that the governor isn’t required to provide specific data to support his decision.
Ducey spokesman Patrick Ptak said the governor’s office is reviewing the decision. “Our focus is on protecting public health, and working with the private sector on how and when to safely reopen,” Ptak said.
In other developments: - Officials on Tuesday reported 1,008 additional COVID-19 cases and 66 more deaths from the virus outbreak as the state saw slight increases in several hospitalization metrics.
The state Department of Health Services reported that the newly reported cases and deaths raised the confirmed case total to 180,505 and the death toll to 3,845.
The number of infections is thought to be far higher because many people have not been tested, and studies suggest people can be infected with the virus without feeling
For most people, the coronavirus causes mild or moderate symptoms, such as fever and cough.
However, for some people who contract the virus, especially those who are older or have underlying health conditions, it can cause more severe illness and death.
The vast majority of people who are diagnosed with COVID-19 recover.
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