Arizona gym loses bid to stay open after governor's coronavirus closure order

Judge fails to grant temporary stay of order

Health club company Mountainside Fitness will temporarily close its locations after a judge did not grant a temporary stay of Arizona Gov. Doug Ducey's order to re-close gyms because of a coronavirus surge.

The CEO of an Arizona health club company had sued Ducey over the "arbitrary" decision.

"I asked the governor, where's the proof that this decision came from any evidence of what is happening in any health club here in Arizona or across the country," Mountainside Fitness CEO Tom Hatten said at a press conference in June.

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"If the governor is serious about what is going on, then I say, Governor Ducey, close everything," Hatten said. "Don't choose. Don't make an arbitrary decision on what you think will look good to the media."

Restaurants and big-box retail stores are still allowed to operate, he said.

Mountainside's nearly 20 locations were closed for two months because of the governor's mandate and received no governmental assistance.

"We've taken this situation, this virus extremely seriously and tried to handle and maneuver an employee base of just under 1,500 people and keep them employed," Hatten said. "[This] isn't just about health clubs. It's about business and civil liberties."

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Hatten said other fitness companies would join his suit and said he had been in contact with the Goldwater Institute, a right-leaning think tank.

FOX Business' inquiries to Ducey's office, Mountainside and the Goldwater Institute were not immediately returned.

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