By Howard Fischer | Capitol Media Services via Arizona Capitol Times
company that franchises out fitness studios wants a federal judge to rule that there are limits on the unilateral authority of the governor to close them down, even during an emergency.
Alex Weingarten who represents Xponential Fitness told Judge Diane Humetewa on Monday in U.S. District Court in Phoenix, he does not doubt that Gov. Doug Ducey has authority to act to protect public health. And Weingarten is not directly challenging Ducey’s June 29 order re-closing gyms and fitness centers a month and a half after he initially allowed them to reopen.
What he is arguing is that the 50 fitness centers have presented evidence that they will be operating under guidelines by the Centers for Disease Control and Prevention. Yet Ducey’s order says they cannot open until at least July 27 — if not later.
“If we’re not doing anything wrong, why are we closed?” he asked.
