Court denies fitness group’s challenge of Gov. Doug Ducey’s closure order

Jul 14, 2020, 6:53 PM | Updated: 9:55 pm
(Getty Images/Andrew Harnik-Pool)...
(Getty Images/Andrew Harnik-Pool)
(Getty Images/Andrew Harnik-Pool)

PHOENIX — The U.S. District Court, District of Arizona, on Tuesday denied franchisors’ of boutique fitness studios challenge of Gov. Doug Ducey’s decision to close all indoor gyms last month.

On July 1, plaintiffs including Xponential Fitness and seven related brands sought to secure a temporary restraining order and preliminary injunction against Ducey’s June 29 executive order.

“The Court’s limited role of judicial review is not to assess the wisdom of the June 29, 2020 Executive Order, but rather to determine whether it violates the law,” the ruling stated.

“Having carefully considered the briefing submitted by the parties and the arguments presented by counsel, the court finds that plaintiffs are not entitled to the extraordinary remedy of injunctive relief and will therefore deny the motion.”

This was at least the third lawsuit that had been filed in response to Ducey’s order, which also shut down bars, nightclubs, movie theaters and water parks until at least July 27.

“We argued that the executive order entered by Gov. Ducey shutting down all of the gyms and fitness centers in the state of Arizona temporarily was an unconstitutional exercise of authority in that it, among other things, violates due process rights,” Alex Weingarten, an attorney representing the businesses, told KTAR News 92.3 FM on Monday.

Last week, Mountainside Fitness — a Valley-based chain of large gyms — also lost its bid for a temporary restraining order against the Republican governor’s executive order.

“The Governor does not have to prove that his decision was correct,” the judge wrote. “This Court must give extreme deference to the EO [executive order]. The EO clearly had a rational basis. It is unlikely that Mountainside will prevail on the merits.”

On July 10, a group of about 20 Arizona bars owners filed suit against Ducey, claiming the governor does not possess the constitutional authority to close their businesses amid the coronavirus pandemic.

Ducey’s order came as the Arizona was becoming a national and global hot spot for coronavirus cases and the state’s hospitals were beginning to show signs of reaching surge capacity.

Tuesday morning, the Arizona Department of Health Services reported 4,273 additional coronavirus cases and 92 new deaths. That brought state totals to 128,097 COVID-19 cases and 2,337 fatalities.

Lifetime Windows & Doors

We want to hear from you.

Have a story idea or tip? Pass it along to the KTAR News team here.

Arizona News

(Facebook Photo/Brophy College Preparatory)...
Associated Press

Brophy College Prep in Phoenix reports widespread cheating

The principal of Brophy College Preparatory says the prestigious private Phoenix high school has learned of “widespread even pervasive” cheating in its all-male student body.
22 hours ago
Clouds pass over drought-stricken Lake Mead on May 10, 2022 in the Lake Mead National Recreation Ar...
Associated Press

Tucson willing to take 20% less water to help Lake Mead shortage

The Tucson City Council included its potential willingness to take 20% less CAP water to keep more in the reservoir.
22 hours ago
(Facebook photo / State Farm Stadium)...
Associated Press

Glendale adopts new short-term rental regulations ahead of Super Bowl

Glendale has preemptively adopted rules regulating short-term rental properties before the city welcomes visitors for the 2023 Super Bowl.
22 hours ago
(Pexels photo)...

Arizona sees significant jobs increase in April, per employment report

The state of Arizona saw a 13,100 jobs increase in the month of April, according to the Arizona Commerce Authority's monthly report.
22 hours ago
(Pexels photo)...

Rio Salado’s Dental Clinic offering free dental work to Arizona’s veterans on Saturday

Arizona's veterans can receive free dental cleanings, dentures, fillings, oral surgery and crowns Saturday at Rio Salado’s Dental Clinic.
22 hours ago
A 9mm pistol build kit with a commercial slide and barrel with a polymer frame is displayed during ...

Felon from Arizona convicted of firearm, ammo possession, including ‘ghost gun’

An Arizona felon was found guilty of illegally possessing over 20 firearms, including a “ghost gun,” and thousands of rounds of ammunition.
22 hours ago

Sponsored Articles

Day & Night Air

Tips to lower your energy bill in the Arizona heat

Does your summer electric bill make you groan? Are you looking for effective ways to reduce your bill?
Christina O’Haver

Stroke month: Experts call attention to stroke prevention

Every 40 seconds—that’s how often someone has a stroke in the United States. It’s the fifth leading cause of death among Americans, with someone dying of a stroke every 3.5 minutes.
(Twitter photo / Coco5)...

Suns star Devin Booker’s all-natural sports drink Coco5 perfect for any activity

Devin Booker is leading the Suns in pursuit of their first NBA championship while also working to provide people proper hydration with Coco5.
Court denies fitness group’s challenge of Gov. Doug Ducey’s closure order