Judge: Michigan gyms can reopen Thursday despite Whitmer coronavirus order

A federal judge overruled Gov. Gretchen Whitmer’s order that gyms and fitness centers remain closed, noting that the state failed to produce evidence that gyms are more dangerous than other public places the governor has recently allowed to reopen. (Shutterstock)

June 24: Last-minute ruling keeps Michigan gyms closed, hours before they could reopen
June 22: Michigan gyms to open Thursday as judge won’t budge on Whitmer appeal

LANSING — Gyms and fitness centers across Michigan can reopen June 25, a federal judge ruled Friday, saying Gov. Gretchen Whitmer’s administration failed to provide scientific evidence justifying the continued closure despite declining COVID-19 case counts. 

Whitmer plans an immediate appeal, according to a spokesperson, who argued keeping gyms closed longer than most other businesses makes sense given their “heavy respiratory activity, shared indoor spaces, and shared surfaces.”

But U.S. Circuit Court Judge Paul Maloney, in his 17-page ruling, said state attorneys failed to prove that point in legal briefs or oral arguments, which were held Wednesday. 

“Counsel could not articulate a reason beyond the bare assertion that gyms are dangerous,” Malone wrote. “This Court fully recognizes that the bar is extremely low, but it is not that low. Defendants cannot rely on the categorization of gyms as ‘dangerous,’ without a single supporting fact, to uphold their continued closure.”

Maloney noted Whitmer has allowed many other types of businesses to reopen provided they adhere to new safety guidelines, including public facing companies like bars, restaurants and salons. Indoor gatherings of up to 50 people are also permitted, he pointed out, “so long as they are not inside a gym.”

Whitmer spokesperson Tiffany Brown said the governor “respectfully, but strongly, disagrees” with the ruling and will take the case to the U.S. Sixth Circuit Court of Appeals.

“With this ruling, the court is playing a dangerous role it should not play: second-guessing and upending the data-informed decisions that have saved thousands of lives in Michigan,” she said. “The idea that gyms…might be one of the later businesses to come back online in the midst of this global pandemic is hardly surprising and highly sensible.”

Whitmer allowed gyms and fitness centers to reopen on June 10 in the Upper Peninsula and northern Michigan and has repeatedly stated she plans to relax rules in the rest of the state by July 4, provided the spread of coronavirus continues to slow. 

Maloney’s order, if upheld, would allow them to reopen June 25 instead. It prohibits the state from enforcing an executive order provision closing “indoor gymnasiums, fitness centers, recreation centers, sports facilities, exercise facilities, exercise studios, and the like.”

The League of Independent Fitness Facilities and Trainers sued Whitmer and Michigan Department of Health and Human Services Director Robert Gordon in June, arguing continued gyms closures violated their constitutional rights. 

Maloney has not ruled in the underlying case but issued an injunction against Whitmer’s closure order, saying plaintiffs “are threatened with insolvency” and showed “they are at risk of irreparable harm if this injunction does not issue.”

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Comments

EB
Fri, 06/19/2020 - 8:28pm

Man, talk about legislating from the bench: this ruling is off the charts.
Gyms are near the top threat for virus transmission: small space, many people, heavy breathing, shared apparatus - it's hard to imagine a better environment for contagion.
I hope the State appeals this Federal intrusion into our affairs.

Jedarc
Sat, 06/20/2020 - 10:05am

EB writes, "I hope the State appeals this Federal intrusion into our affairs." That's an oxymoron.

Brian
Sat, 06/20/2020 - 11:44am

I don't know how the state could not produce a compelling argument, unless they just assumed that a federal judge would have read reports about respiratory transmission of the virus. Opening gyms in Northern Michigan is understandable given their low rates of incidence, but even there, I wouldn't go to a gym. Bad decision with terrible consequences.

Todd
Sat, 06/20/2020 - 6:29pm

Are you kidding me????

SamK_MI
Mon, 06/22/2020 - 11:24am

It should not be the state telling a business how to run itself. THAT IS CALLED socialism. The bottom line is IF YOU don't feel comfortable going to a bar, restaurant OR gym then that should be YOUR choice PERIOD. Get over your hate and prejudice attitudes already.

A Yooper
Sat, 06/20/2020 - 10:03am

A ridiculous ruling.
New cases are on the rise as are deaths in Michigan and it is far from over.
Cleaning equipment on an ongoing basis is a ludicrous concept in the least.
Normal breathing expels aerosols at 8 mph. Hugging and puffing will be horrendous in these tight spaces. It’s all about $$.

Michael Arther
Sat, 06/20/2020 - 10:29am

What constitutes a gym? We have many fitness centers that have already reopened in northern michigan. Is this just a regional order?

Jonah212
Sat, 06/20/2020 - 11:01am

I wonder if the Federal judge is allowing jury trials in his court room or is he posturing and holding trials and/or hearings by video mainly to protect himself?

Kevin Grand
Sat, 06/20/2020 - 11:32am

So....

Dentists digging around someone mouth has been deemed safe and "allowed" to reopen (I hope that the governor's husband got that memo), but exercising still considered unsafe???

What are the odds?

Chaz
Sun, 06/21/2020 - 12:33pm

Whatever the date, I'll be going at 4am when all those treadmill dorks are still in bed.

concerned
Sun, 06/21/2020 - 10:15pm

will a business of 200 b e allowed inside before july 15th?

Geoffrey Owen
Sun, 06/21/2020 - 11:27pm

The judge says Whitmer failed to produce evidence that gyms pose a threat, however the Judge failed to show evidence that the gyms are safe. What's the addage, "Better safe than sorry"? Ok Gretchen, time to close the bars. What a cesspool of unsafe practice they have become.