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.
Update to all MSF members – The court’s ruling on our Temporary Restraining Order is expected on July 7th . We want to thank the MSF members, as well the entire AZ Community for the continued incredible support!
Founder & CEO pic.twitter.com/Pteg3tYsZw
— Mountainside Fitness (@Mountainsidefit) July 6, 2020
Mountainside Fitness CEO, Tom Hatten, announced the anticipated ruling in a tweet.
(2/2) We are hopeful that our pleading will result in MSF staying open and look forward to providing all Members a way forward in their Physical & Mental fitness while we combat this virus together as one community.
— Mountainside Fitness (@Mountainsidefit) July 2, 2020
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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