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Ohio gyms can now open, winning legal battle against state closure orders


Ohio gyms may now reopen, after a Northeast Ohio judge ruled the Dr. Amy Acton's Stay at Home, Amended Stay at Home, and Stay Safe Ohio orders violated part of Ohio's constitution. (WSYX/WTTE)
Ohio gyms may now reopen, after a Northeast Ohio judge ruled the Dr. Amy Acton's Stay at Home, Amended Stay at Home, and Stay Safe Ohio orders violated part of Ohio's constitution. (WSYX/WTTE)
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Ohio gyms may now reopen, after a Northeast Ohio judge ruled the Dr. Amy Acton's Stay at Home, Amended Stay at Home, and Stay Safe Ohio orders violated part of Ohio's constitution.

Lake County Common Pleas Judge Eugene Lucci filed the ruling, in which he agrees that "the General Assembly's delegation of authority to the Ohio Department of Health... is too broad or vague," as alleged by the gym owners.

"For me this brings a lot of peace of mind moving forward," J.L. Holdsworth, founder of The Spot Athletics in Grandview and Dublin, said. Holdsworth is one of 35 gym owners represented in the suit.

"I was really worried about the future of opening my business back up and just someone deciding one day we had to close down," he said.

According to Ohio state law, Dr. Acton, as director, has "supervision of all matters relating to the preservation of the life and health of the people and have ultimate authority in matters of quarantine and isolation, which it may declare and enforce," which Lucci wrote in his ruling. However, he added, "the director has no statutory authority to close all businesses, including the plaintiffs' gyms, which she deems non-essential, for a period of two months."

"It [Lucci's ruling] sent a message of how we as a country, as a people, govern ourselves," attorney Chris Finney, who litigated the case along with the 1851 Center for Constitutional Law, said.

In a statement, the 1851 Center added that "property rights are fundamental rights in Ohio, and that the Ohio Department of Health has both violated those rights and exceeded its own authority."

A spokesperson for Governor DeWine's office said “the ruling affirms that facilities must follow Ohio Department of Health safety protocols to keep patrons and all Ohioans safe and healthy," adding the facilities were able to open Tuesday anyway. "However, our office disagrees with the ruling’s analysis of law.”

Governor DeWine himself said "we don't think it's a big deal," adding that the judge ultimately agreed with the safety and health protocols laid out by the state for gyms.

Holdsworth said his gym already followed several of the safety requirements laid out before the pandemic's closures, in part, because they are appointment-based.

"We control who comes in, what they do, how they do it, so we can keep people really safe and control the environment," he said.

Holdsworth tells us his plans for reopening haven't changed; he still plans to welcome members back on Tuesday, as previously allowed. For him, it was about the principle of the matter, and to ensure he didn't go out of business.

"To say that it’s [the virus] not a worry or, it’s not a concern, that’s living in a fantasy land," Holdsworth said. The fear was, Monday would come, and they would say, 'hey, guess what? We just decided another month of gyms."

A spokesperson for the Department of Health said they are reviewing Judge Lucci's ruling with their counsel.

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