Judge Expected To Rule In Mountainside Fitness Lawsuit

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(Photo by Tim Evanson/Creative Commons)

PHOENIX – A Maricopa County Superior Court judge is expected to rule on Tuesday in the matter of Mountainside Fitness and whether it is legally required to obey Governor Doug Ducey’s executive order to shut down.

Mountainside Fitness CEO, Tom Hatten, announced the anticipated ruling in a tweet.

Judge Timothy Thomason held a telephonic hearing on the matter on Monday.

Attorneys for Mountainside Fitness argued that Ducey’s order is baseless and is unfairly applied to gyms. They stated that there was no rational basis, or science to support Ducey’s decision to single out gyms for complete temporary closure.

Judge Thomason asked Mountainside attorneys if they were claiming that “the governor is not being consistent.” Thomason stated “I guess my question is: does the rational basis test demand consistency? The science is new, and we know things now we didn’t know then, so is that asking too much, demanding exact consistency under this minimal rational basis test?”

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