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Mountainside Fitness cited in metro Phoenix for defying Ducey’s order

(Facebook Photo/Mountainside Fitness)

PHOENIX — The CEO of Mountainside Fitness said Tuesday that he has been cited in multiple metro Phoenix cities for staying open and defying Gov. Doug Ducey’s executive order.

Tom Hatten decided to keep his more than 20 Valley locations open Tuesday because he believed the governor’s decision was “random” and “reckless.”

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

Scottsdale police was the first to announce it had cited Mountainside for staying open, at the 116th Street and Shea Boulevard location.

The citation, a class one misdemeanor, carries a fine of up to $2,500 if convicted.

“It’s not about Mountainside,” Hatten said Tuesday during a press conference. “It’s about our businesses and our civil liberties and where our leadership is taking us at this point in time.”

Mountainside Fitness filed an injunction against Ducey at about 4 p.m. Tuesday.

Hatten hopes to get a stay of relief that will allow his gyms to stay open despite Ducey’s order.

In an email to KTAR News, Ducey spokesman Patrick Ptak said, “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.”

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

Hatten said during Tuesday’s press conference he’d be willing to pay the fine but wants to fight for his business — and others — to remain open during the pandemic.

Arizona reported a single-day high 4,682 coronavirus cases Tuesday, but the results included numbers that weren’t available Monday, when the state health department said a lab missed a submission deadline.

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