Arizona judge puts off decision on Mountainside Fitness injunction

PHOENIX – A judge delayed a decision Monday whether or not Mountainside Fitness must shut down in compliance with a state executive order.

Tom Hatten, CEO of the Scottsdale-based gyms, said in a tweet that the ruling was postponed until Tuesday.

Update to all MSF members – The court’s ruling on our Temporary Restraining Order is expected on July 7th . We want to thank the MSF members, as well the entire AZ Community for the continued incredible support!

Sincerely,
Tom Hatten
Founder & CEO pic.twitter.com/Pteg3tYsZw

— Mountainside Fitness (@Mountainsidefit) July 6, 2020

Hatten had sued Gov. Doug Ducey last week and said his business would stay open until he heard otherwise from the court.

Hatten had been cited by law enforcement for keeping open several locations in metro Phoenix. The businessman said at a press conference Friday he would abide by the court’s decision.

Ducey ordered gyms, bars, nightclubs, movie theaters and water parks to shut down June 29 for at least 30 days as COVID-19 cases surged in the state.

Arizona surpassed 100,000 positive coronavirus cases Monday when the state health department reported 3,352 new cases.

Hatten reopened the chain of 18 locations on May 18, a few days after the state’s stay-at-home order was allowed to expired.

Heading into the Fourth of July holiday weekend, two dozen health clubs in the Valley had remained operating.

Ducey spokesman Patrick Ptak said in an email last week to KTAR News, “The governor’s executive order is clear. Gyms and other indoor fitness clubs or centers, regardless of size, shall pause operations until at least July 27th.”

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