PHOENIX — Gov. Doug Ducey is moving to deny gyms and fitness centers the right to reopen despite a court order to the contrary.
In new legal briefs, the governor wants the state Court of Appeals to void Tuesday’s ruling by Maricopa County Superior Court Judge Timothy Thomason ordering him to provide them a chance to prove they can operate safely. Ducey is arguing that forcing the state to let gyms reopen before he and health officials believe it is appropriate could result in “death, serious physical illness, and a lack of hospital beds.”
And if that message is lost on the appellate judges, the private attorneys hired by the governor warned of dire consequences if they do not intercede. They said that Thomason’s legal conclusions will “open the floodgates” for others to challenge Ducey’s orders, “which will hamper the governor’s ability to focus on the pressing battle against the pandemic.”
“Put simply, the Superior Court’s ruling threatens the lives of Arizona citizens and should be reversed immediately,” they wrote.
More immediately, the governor wants Thomason to stay his own order requiring him and state Health Director Cara Christ to have the rules in place by this coming Tuesday telling gyms and fitness centers exactly what they need to do and allowing them to open their doors if they attest they will comply with those requirements.
The stay that Ducey wants would be for a week after either the Court of Appeals refuses to consider the appeal or rules on it. And, if granted, it means that plans by Mountainside Fitness and other facilities to open next week would be shelved.
In filing the appeal, the governor’s attorneys cited a series of what they claim were errors that Thomason made in concluding it was wrong for the governor to shutter the gyms and fitness centers with no opportunity to show that they pose no more danger than other businesses the governor has allowed to open, from grocery stores to restaurants. And they said the trial judge ignored the principle that the Constitution “principally entrusts the safety and health of the people to politically accountable officials of the states to guard and protect.”
Attorney Joel Sannes, representing Mountainside Fitness, said the governor’s legal bid is not unexpected. But he said he ultimately expects it to fail, even with the claim that people will die.
“On this issue, the governor bears a high burden of proof,” Sannes said. “The governor actually needs to show evidence that there is a risk that people will die. And that is where the governor has really fallen short.”
In essence, Sannes said, Ducey is claiming only that he has a “rational basis” for his conclusions that it would be unsafe to allow gyms and fitness centers to reopen, even if they follow the protocols crafted by his own health department.
Those protocols include everything from mask and cleaning requirements to limiting the number of people who can be on site at any one time.
“Their testimony at the hearing established that there are no contact-traced infections related to fitness centers,” Sannes said. “That is true both locally and nationwide.”
Nor, he said, was there evidence of any significant outbreak linked to fitness centers “unlike the very persuasive evidence of serious outbreaks associated with bars and nightclubs.”
Sannes said his most immediate goal will be to convince Thomason not to grant Ducey’s motion to stay his original order requiring a system in place by Tuesday allowing these facilities to show they can reopen safely.
That would not void Ducey’s plea to the Court of Appeals.
But if Thomason denies the request for a stay, the governor and health department would have to start the appeals process.
Photos: Tucson's fitness world leans on technology and the internet
Body Works in Tucson online workout class
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Alessangra Lima, teacher at Body Works in Tucson, helps Kyria Sabin Waugaman, pilates instructor at Body Works in Tucson, host an online workout class at Body Works, 1980 E. River Rd., in Tucson, Ariz., on April 17, 2020. More people have joined the online group Zoom classes said Sabin Waugaman. "They have more time on their hands and are making health a priority," said Sabin Waugaman.
Top Physique online personal training
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Patricia Gonzales, personal trainer and owner of Top Physique Personal Training, instructs her client Helen Hargrove how to hold a gallon of water for an exercise during an online personal training session at Top Physique Personal Training studio, 1802 W. Grant Road, in Tucson, Ariz., on April 20, 2020. Gonzales has switched her in-person private training to sessions on Zoom. A client performs a workout instructed by Gonzales in front of the clients computer while Gonzales helps motivate and correct form during their training session. Taking time with clients and keeping that vital was Gonzales main goal. "My clients want to see me," said Gonzales.
Tucson Phoenix Rising Fitness and Defense video instruction
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Jesse James Tucker, owner and trainer at Tucson Rising Phoenix Fitness and Defense, records a video response on techniques for one of his members outside his home in Tucson, Ariz., on April 14, 2020. Tucker is talking with clients through videos. When a member has a question on a certain exercise or technique, Tucker will record the answer with added tips and information. Then send the video response back to the member. Tucker, also, records daily workout videos for his members. "I have been putting in more hours in since this quarantine started then ever before," said Tucker. "I am constantly in front of the camera and editing videos."
Boxing Inc. workout videos
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Danny Lopez, trainer at Boxing Inc., works out in his backyard using one of Boxing Inc.'s online home workout videos as well as his own abdominal workout in Tucson, Ariz., on April 21, 2020.
Boxing Inc. workout videos
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Danny Lopez, trainer at Boxing Inc., works out in his backyard using one of Boxing Inc.'s online home workout videos as well as his own abdominal workout in Tucson, Ariz., on April 21, 2020. Personal trainers at Boxing Inc., Tucson gym specializing in boxing, Jiu Jitsu, mixed martial arts, Muay Thai and kickboxing, are no longer doing any in person workouts but record workouts for their clients as well as the public to do at home. Workouts are then posted to their Youtube channel, social media account and emailed, according to Amy Moraga, corporate manger at Boxing Inc. Lopez creates videos as well as use other Boxing Inc. trainer videos. "It's different but it is what it is," said Lopez.
CrossFit Milo group workouts
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From left to right, Jessica Fraver, Rebekah Bonilla, Sina Meissgeier and Alessia Alaimo, friends and members of CrossFit Milo, perform wall sits from an at-home workout, provided by CrossFit Milo, at Fraver's house in Tucson, Ariz., on April 28, 2020. There is a way to get a workout in without using equipment but having equipment helps to add a greater challenge said Alan Williams, co-owner of CrossFit Milo. "We're all in this together," said Williams, "we will suffer but we will survive."
Arizona Football at-home workouts
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Brian Johnson, left, director of strength and condition for Arizona Football, demonstrates a plank pull through using a bag filled with books for student athletes at home while Johnson's wife Angela Johnson records video in their backyard in Oro Valley, Ariz., on April 20, 2020. Johnson records daily videos of workouts players can do from home. Some items Johnson incorporates into their daily workouts include suitcases, bags and resistance bands. After recording the workouts, Johnson then puts them on instagram for the players to view. "I know they are all on their phones and social media," said Johnson.
CrossFit Milo group workouts
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Sina Meissgeier, front center, CrossFit Milo member, performs a burpee along with friends and fellow gym members Jessica Fraver, left, Alessia Alaimo and Rebekah Bonilla, at Fraver's house in Tucson, Ariz., on April 28, 2020. Common equipment that people borrow, that can be used in the daily workouts, are small items such as kettle bells and dumbbells, said Kare Williams, co-owner of CrossFit Milo, but people miss the gym and the community. "I totally miss the gym 100% but I am trying to focus on what we have with the home workouts," said Meissgeier.
At-home garage workouts
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Courtney Bear, owner of BearPal Nutrition and member of CrossFit Milo, performs barbell cleans with her daughter Darrian Bear (not shown) inside their garage in Vail, Ariz., on April 27, 2020. Even though gyms are closed, Courtney and her daughter are getting more workouts in. Courtney's daughter Darrian has worked out a total of 14 days in a row, said Bear while Darrian shook her head yes. "We are working out more because it's easy to get to and we walk by it every day," said Courtney Bear. "You just make do with what you got," added Darrian Bear.
At-home garage workouts
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Courtney Bear, left, owner of BearPal Nutrition and member of CrossFit Milo, writes down an at home tabata workout, which Bear will do with her daughter, inside Bear's garage in Vail, Ariz., on April 27, 2020. Tabata training, a staple in CrossFit Milo's workouts, is a common training used in their at-home workouts, as well as in their in-person classes. Exercises included in some of their workouts are air squats, planks, kettle bell swings, power cleans and burpees.
CrossFit Milo equipment borrowing
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Kare Williams, co-owner of CrossFit Milo, sprays workout gear that was returned by a gym member at CrossFit Milo, 301 W. 4th st. in Tucson, Ariz., on April 28, 2020. To help keep members working out, CrossFit Milo allows members to borrow and exchange equipment which members will need for at-home workouts. Each equipment returned is soaked with bleach and left outside for a couple of minutes. Kare Williams along with Alan Williams, owners of CrossFit Milo, want to make sure, in the event they reopen, the equipment is clean, said Williams. Williams is hopefull they will begin classes on Monday May 3, Williams told members, but they are not sure.
Student athlete online check-in's and workouts
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A pile of papers are spread out on a bed while Jim Krumpos, Arizona Athletics associate director of sports performance, hosts a weekly Zoom meeting with Arizona Baseball players inside his home in Marana, Ariz., on April 17, 2020. Having to switch to online and using technology was not a drastic change for Krumpos and his coaches, said Krumpos. Krumpos, his coaching staff and the University of Arizona student athletes have access to an app which they have used in the past. What is challenging is modifying exercises to fit different students situations. "Everything is laid out in detail, it's very time consuming," said Krumpos. One thing that was added to Krumpos and his staffs job were weekly check-in's with their students. "It's all about motivation," said Krumpos.
CrossFit Milo group workouts
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From left to right, Rebekah Bonilla, Sina Meissgeier, Jessica Fraver, and Alessia Alaimo, friends and members of CrossFit Milo, perform snatches and kettle bell swings at Fraver's house in Tucson, Ariz., on April 28, 2020. For Bonilla, Meissgeier, Fraser and Alaimo, they knew working out by themselves would be tough so they made a plan to workout together. "We have this group that workouts together and I doubt other people have that," said Jessica Fraver. "The motivation is a bit harder so we made a plan," said Alessia Alaimo.
BearPal Nutrition
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Courtney Bear, owner of BearPal Nutrition, has a weekly Zoom call with her client and daughter-in-law Cassie Ault inside her home office in Vail, Ariz., on April 27, 2020. For Bear, switching to online wasn't much of a difference. "Ninety percent of my business is online," said Bear. "It was pretty effortless for me." Bear used her business to help her clients navigate the different times. "I provide them with options," said Bear. "If there's no rice, then buy sweet potatoes. If there are no sweet potatoes, then buy regular potatoes."
At-home family workouts
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Kina Barton, left, and Darren Barton, right, members of CrossFit Milo, perform sit-ups while working out at home with their daughter Abby Barton, center, inside their living room in Tucson, Ariz., on April 27, 2020. Despite gyms being closed, some families are choosing to workout together. "Our 7-year-old is enjoying us home more and she's participating," said Darren. "It's been kind of nice to be together for a bit," added Kina. "I love burpees," said Abby.
At-home garage workouts
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Courtney Bear, left, owner of BearPal Nutrition and member of CrossFit Milo, and her daughter Darrian Bear stretch inside their garage in Vail, Ariz., on April 27, 2020 after a quick at home tabata workout. "We have done a lot together since the quarantine," said Courtney Bear.
At-home garage workouts
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Courtney Bear, left, owner of BearPal Nutrition and member of CrossFit Milo, high-fives her daughter Darrian Bear inside their garage in Vail, Ariz., on April 27, 2020 after a quick tabata workout. Darrian Bear does some workouts by herself but it's nice to workout with her mom for some motivation. Courtney helps push her, said Darrian Bear.
Tucson Phoenix Rising Fitness and Defense video instruction
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Jesse James Tucker, owner and trainer at Tucson Rising Phoenix Fitness and Defense, edits a video for a one of his members outside his home in Tucson, Ariz., on April 14, 2020. Tucker had already planned on creating an online platform prior to the Coronavirus Disease (COVID-19) but never had a chance to add "coal to the fire," said Tucker. COVID-19 gave him the chance. "No I am not going to stop doing this," said Tucker. "I am going, now, to the next level."
Body Works in Tucson online workout class
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Kyria Sabin Waugaman, pilates instructor at Body Works in Tucson, thanks her members for joining one of her online workout class at Body Works, 1980 E. River Rd., in Tucson, Ariz., on April 17, 2020. In addition to online workout classes, Sabin Waugaman, is creating an online video library for members to access 24/7 as well as adding to her movement encyclopedia that she has been working on for the past three years. "Online is going to be part of the normal," said Sabin Waugaman.
Watch: Tucson elephants Nandi and Penzi play in monsoon mud
Video courtesy of Reid Park Zoo. Read our latest update about baby elephant Penzi here: http://tucne.ws/1fjr
