Ohio gyms sue health department for continuing to enforce closure during coronavirus crisis

Ohio gyms sue health department for continuing to enforce closure during coronavirus crisis
(Source: WAFB)

CLEVELAND, Ohio (WOIO) - The 1851 Center for Constitutional Law confirmed it is representing 35 independent gyms from across the state to sue the Ohio Department of Health for continuing to enforce the closure of gyms and fitness centers through the Director’s Stay Safe Ohio Order that was implemented on April 30.

The 1851 Center for Constitutional Law describes itself as “a non-profit, non-partisan law firm dedicated to protecting the constitutional rights of Ohioans from government.”

The law firm said the Stay Safe Ohio Order gave a pathway to other businesses to open, but left gyms closed indefinitely “without regard to whether gyms are capable of operating safely.”

According to the announcement, "The 1851 Center’s Complaint asserts that the Health Director’s unfettered discretion over matters of quarantine and isolation is impermissibly vague and violate separation of powers on its face. Further, the use of those powers to criminalize gyms that could otherwise comply with each of the safety regulations articulated in the April 30, 2020 Order violates operators’ right to equal protection.

“The Ohio Constitution requires greater scrutiny of vague and discriminatory enactments that trample Ohioans’ property rights. Ohio gyms are capable of operating safely, and have the right to operate on equal terms with other Ohio businesses. Once gyms have opened, we are committed to ensuring that these arbitrary policies never recur,” explained 1851 Center Executive Director Maurice Thompson.

The case is pending before Judge Eugene Lucci in the Lake County Court of Common Pleas.

[ VIEW THE FULL COMPLAINT HERE ]

Here is the list of gyms the complaint lists are taking action against Dr. Amy Acton in her official capacity as the Director of the Ohio Department of Health and the Lake County General Health District:

  • Accelerated Fitness at 2736 Medina Rd., Suite 103 in Medina
  • Advanced Performance Crossfit at 201 Great Oaks Trl. in Wadsworth
  • Aim Performance Training at 7266 Commerce Dr. in Mentor
  • Armstrong Fitness at 402 N. Lake St. in Madison
  • Bar Benders at 614 Glover St. in Portsmouth
  • Blind Dog Gym at 1607 Stage Rd. 60, Building E Suite 52 in Vermilion
  • Coca Crossfit at 34601 Mills Rd. in North Ridgeville
  • Crossfit Pickerington at 671 Windmiller Dr. in Pickerington
  • Diamond Strength Center at 6044 State Rt. 139 in Lucasville
  • Everybodies Gym at 357 Washington St. in Chardon
  • Evolution Fitness & Lifestyle Management at 4421 Linden Ave. in Cincinnati
  • Fredrick’s Fit Factory at 7247 Industrial Park Blvd. in Mentor
  • Friendship Fitness at 6625 Reflections Dr. in Dublin
  • Gracie Cincinnati at 11263 Williamson Rd. in Blue Ash
  • Hoisting Steel Strength and Fitness Club at 240 Tenney Ave. in Amherst
  • Iron Plate Gym at 1152 State Rt. 131 in Milford
  • Kent Barbell Club at 108 W. College Ave. in Kent
  • Lexen Xtreme Strength Training at 3679 Garden Ct. in Grove City
  • Lucas Training at 4270 Strausser St. NW in North Canton
  • Main Street Gym at 669 E. Main St. in Geneva
  • Ohio Sports and Fitness at 36540 Biltmore Pl. in Willoughby
  • Ohio Strength at 279 E. 5th Ave. in Columbus
  • Old School Iron at 5139 W. 140th St. in Brook Park
  • Powerhouse Gym of Eastlake at 34700 Vine St., Suite 300 in Eastlake
  • Rock House Fitness at 1847 N. Ridge Rd. in Painesville
  • Small Town Fitness at 403 Jefferson St. in Greenfield
  • Snap Fitness at 209 Mansfield Ave. in Shelby
  • Street Wise Self Defense at 10880 Smoke Road SW in Pataskala
  • Summit Martial Arts at 425 S. Sandusky St. in Delaware
  • Team BBS at 730 Bev Rd. in Youngstown
  • The Fieldhouse Sports and Recreation Center at 300 Sunrise Center Rd. in Zanesville
  • The Spot Athletics at 1515 Delashmut Ave. in Columbus
  • Unrivaled Strength and Fitness at 4264 Strausser St. NW in North Canton
  • The Warehouse Gym & Fitness at 1110 Chambers Rd. in Columbus
  • Wooster Total Fitness Center at 1400 Columbus Rd. in Wooster

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