Wednesday, September 23, 2020 2:47 pm

Judge rules Arizona gyms should be given chance to reopen; Rose Law Group Attorney Jonathan Udell comments

By 12News

PHOENIX – An Arizona judge ruled Tuesday that gyms should have the opportunity to reopen. 

Mountainside Fitness, along with EOS Fitness were plaintiffs in the lawsuit filed against Arizona Gov. Doug Ducey.

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Today’s court order strikes a fine balance between ensuring the government has the tools it needs to combat a pandemic, while also ensuring a measure of constitutional protection for private businesses. The court, importantly, did not rule that the state cannot shut down gyms and fitness centers. Instead, Judge Thomason found these businesses have a “procedural” right to petition the government for reopening. Although it remains unclear what standards gyms will need to meet, the government must decide “prompt[ly]” or appeal the court’s decision.

Jonathan Udell, Coronavirus Task Force Attorney Rose Law Group

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