Fitness Co. Believes Industry Is Being Overlooked, Files ‘Contempt’ Motion

Mountainside Fitness

Mountainside Fitness has filed a “Motion of Contempt” against Governor Doug Ducey in another attempt to get the governor and the state to follow Arizona Superior Court JudgeTimothy J. Thomason’s order and provide health clubs an avenue for re-opening.

Mountainside Fitness’ court filing comes after Governor Ducey defied the Judge Thomason’s order and once again failed to give health clubs and the fitness industry a final set of approved protocols that would allow them the opportunity to re-open.

“It’s been an ever-changing set of protocols since the day we were shut down for the second time on June 29,” said Hatten.  “We have been desperately trying to understand first why we were forced to close, where’s the evidence, which we also proved in court that there wasn’t any evidence to prove that we should be closed.  If there are protocols, why does the state keep changing its own protocols and then continues to change the guidelines every time they lose a ruling. We are now on our fourth set of protocols, which once again doesn’t give us any way to open again.”

In early August Judge Thomason ruled Governor Ducey’s executive order to shut down gyms violated procedural due process and the Governor must give health clubs an avenue to re-open.

The Judge wrote in his ruling – “There is very little credible scientific data supporting the notion that fitness centers operating with necessary safety protocols pose a danger or that shutting down well run gyms has a significant public health benefit.”

As part of the ruling the judge stated “It is unrealistic to think that fitness centers that have been forced to close for weeks and months on end will be able to resume operations,” he wrote. “No injury could be more irreparable than being forced out of business.”

Health clubs and fitness centers are open in numerous states across the country, except Arizona.

“We’re right at the end and I think I speak for all small business owners, whether it’s health clubs, water parks or other businesses, the abuse of power and what he’s doing to small businesses under the guise of coronavirus, has to be stopped.  We all certainly understand the serious nature of the virus, but we all have to be allowed to move forward together and keep our businesses open. Otherwise we will continue to see businesses close their doors and entire industries wiped out,” said Hatten.

At this time Hatten and his attorney do not know when the state will allow the fitness industry to re-open under its fourth set of protocols.

Mountainside Fitness is Arizona’s premier and privately owned health club currently operating 18 locations & 105,000 active members in the Phoenix Metropolitan area. Established in 1991 by Valley native Tom Hatten, Mountainside Fitness is proud to offer guests more than 80 group fitness classes per week, state-of-the-art fitness equipment, on-site childcare, complimentary towel service and a wide range of amenities with friendly service, at an affordable price. Mountainside Fitness is dedicated to helping members achieve their goals by offering a team of committed professionals, beautifully appointed full-service locker rooms, the option for executive treatment with personal lockers and laundry service, complimentary Wi-Fi, and the M Café serving smoothies, bottled beverages and healthy snacks. To learn more about Mountainside Fitness, visit or download the mobile app–search on iTunes or Google Play for Mountainside Fitness. Follow us at @mountainsidefit on Instagram and Facebook.

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