North Carolina gym owners sue over coronavirus closures
Gov. Roy Cooper's order extending gym closures is 'unconstitutional,' lawsuit says
Atilis Gym Bellmawr co-owners Frank Trumbetti and Ian Smith on defying state lockdown orders and being shut down by the New Jersey Heath Department.
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A group of North Carolina gym owners has sued Gov. Roy Cooper for ordering their facilities to remain closed during the novel coronavirus pandemic, calling his directive unconstitutional, court papers show.
The nine business owners, including eight couples, from throughout the state have their own stories of being threatened with police action for defying the order and opening their doors, or depriving clients with “serious medical conditions” of exercise, or turning away customers with special needs.
North Carolina Gov. Roy Cooper in Raleigh, N.C., on May 20, 2020. (Ethan Hyman/The News & Observer via AP)
They've now joined forces to argue for what they believe is their right to be able to make a living by reopening.
The lawsuit was filed Wednesday in Wake County Superior Court, and was published online by WRAL.com. It cites Article I, Section 1 of the North Carolina Constitution, which argues: “We hold it to be self-evident that all persons are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, the enjoyment of the fruits of their own labor, and the pursuit of happiness.”
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Cooper closed indoor exercise facilities, including gyms and martial arts studios, on March 23 as the concern surrounding COVID-19 grew. He extended the closures twice, on April 23 and May 5, with the plan for “Indoor Exercise Facilities” to be allowed to reopen on May 22 at 5 p.m.
But on May 20, two days before the order was set to expire, Cooper backtracked, and issued Executive Order 141, calling for the facilities to remain closed until June 26.
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“Executive Order 141 is unconstitutional as applied to owners and operators of indoor exercise facilities (including martial arts facilities), gyms, health clubs, and fitness centers,” the lawsuit states, “as neither the State of North Carolina nor the Governor of the State possess the authority to deprive the Plaintiffs of their right to pursue an ordinary vocation and earn a living.”
A spokesperson for Cooper's office did not immediately respond to FOX Business' request for comment.
Married couple Neil and Ann Strother, who are both named in the suit, own and operate Victory Fitness in Wilson, North Carolina. They took steps to prepare for their gym to open up again on May 22, as part of the state’s Phase 2 of reopening, by paying to have their facility cleaned and painted, Neil told CBS 17.
The Strothers disregarded the order to remain closed, and opened as originally planned on May 22. But it didn’t take long before they caught the attention of the police.
“First reaction was devastation,” Neil Strother told the outlet about learning of Executive Order 141. “Not even anger, just devastation.”
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“There’s no one I can call, there’s nobody I can do anything to? There’s no one I can appeal to,” he continued. “And I thought 'I’m done.'”
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