Michigan gyms defy Gov. Whitmer's order to close, some hit with citations: Report
Gyms were hours away from legally reopening June 25 before 11th-hour ruling
Gyms in Michigan are defying closures put in place by Gov. Gretchen Whitmer's executive order to mitigate the spread of the coronavirus pandemic, according to the Detroit Free Press.
"We're open because I think it's unconstitutional," Don Larson, owner of a Gold's Gym in Warren, told the outlet. “My members need a place to be to stay strong and healthy, and it keeps their immune systems high.”
Owners of reopened gyms in the state reportedly insist their businesses are not a public health threat, citing a recent study conducted in Norway that found no link between gyms and transmission of the coronavirus. They argue that they can operate safely with social distancing and enhanced cleaning measures in place.
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"We are definitely not trying to be adversarial," James Wiese, co-owner of the Crunch Michigan franchise locations, told the Press. "We are just trying to give the community what they’re asking for. And if they don’t feel comfortable coming, we don’t want them to come.”
Wiese said his attorneys do not consider the governor's order to be a straightforward closure.
"If it were the law, we definitely would not be open," Wiese added. "We would not be doing this."
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In addition to risking the potential spread of a second wave of coronavirus cases in the state, Michigan officials warn that ignoring the order puts the gyms and their employees at risk of criminal citations.
However, enforcement of Whitmer's order is up to local police and county prosecutors, as the executive order does not give law enforcement any direct authority to “forcibly close or shut down” a business, according to a statement to FOX Business by state Attorney General spokesperson Courtney Covington.
"The remedy available from the Executive Orders themselves is the 90-day misdemeanor," she added.
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Warren Police Commissioner Bill Dwyer said officers have issued citations to the Gold's Gym for disobeying Whitmer's order, but not the Crunch gym, which has been referred to the Macomb County prosecutor's office, according to the Press.
Macomb County Executive Mark Hackel told the Press all gyms should be following Whitmer's orders.
“I’m a gym-goer myself, but haven’t gone since the beginning of this shutdown," Hackel said. "As frustrating as that is, it is still the law, whether you like it or not."
While Wiese's gym was not issued a citation, another Crunch Michigan location in East Lansing received a 90-day misdemeanor citation for reopening, according to a statement to FOX Business from Randall Chioini, an attorney for the franchise group.
FOX Business' inquiries on the report to Larson, Wiese, Dwyer and Hackel were not immediately answered.
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Lower Michigan gyms were just hours away from legally reopening last week before an 11th-hour ruling on June 25 from a three-judge panel of the U.S. 6th Circuit Court of Appeals siding with Whitmer's executive order.
"Crises like COVID-19 can call for quick, decisive measures to save lives," the judges said in their ruling. "Yet those measures can have extreme costs — costs that often are not borne evenly. The decision to impose those costs rests with the political branches of government, in this case, Governor Whitmer."
Whitmer lifted the order on June 10 for gyms in northern Michigan and the Upper Peninsula, according to the Detroit Free Press. Michigan gyms given the green light to reopen are allowed to host outdoor exercise classes if participants follow social distancing guidelines.
In Michigan, there are more than 64,000 confirmed coronavirus cases and nearly 6,000 deaths, according to the latest update by the state's health department.