PHOENIX — An Arizona judge ruled Tuesday that fitness centers must be given a “prompt opportunity” to apply to reopen and that guidelines should be issued within a week of the order. The order did not, however, allow gyms to immediately resume operations.
On Tuesday, a judge ruled that Governor Doug Ducey’s Executive Orders closing fitness centers violates procedural due process. The ruling states that fitness centers must be given guidelines to reopen safely within one week. You can read the order, here.
Each fitness center will then have to prove that they are following those guidelines before they are allowed to reopen.
The ruling states:
“The Executive Orders, as implemented, violate procedural due process. As set forth above, fitness centers must be provided a prompt opportunity to apply for reopening. The process for doing so must be in place within one week from the date of entry of this Order. The Executive Orders, however, do not violate substantive due process.”
This ruling comes after Mountainside Fitness filed a lawsuit, arguing that Governor Ducey’s decision to close gyms was arbitrary, while places like casinos and grocery stores were allowed to stay open.
Mountainside Fitness is expected to hold a press conference tonight at 5 p.m. about the ruling.