Judge upholds Ducey’s order to close gyms

By Howard Fischer | Capitol Media Services via Arizona Capitol Times

A federal judge late Tuesday rebuffed a bid by Xponential Fitness to allow it to reopen its 50 facilities around the state despite the order by Gov. Doug Ducey to keep them shut for at least another two weeks.

`The court does not doubt the earnestness of plaintiffs’ desire to open their businesses, generate revenue, earn a living, and employ — and as importantly — pay — others,” wrote Judge Diane Humetewa. And the judge said she recognizes “the economic and emotional hardships” that the orders by the governor dealing with COVID-19 can impose on people and individuals.

But Humetewa said she was powerless to simply void Ducey’s orders.

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