Gyms and fitness centers have sued our state government for the Governor ordering they shut down again. Meanwhile, bars, restaurants, barbers, spas, and other businesses, remain open. They are open based on voluntary compliance with mitigation procedures. Some haven't made any effort, but are open. Gyms were hard down with no estimate of reopening by the state.
At the hearing the fitness folks presented lots of compelling evidence from experts regarding cleanliness and transmissible along with compliance rates with the state recommendations before the second shut down. On compliance with previous state recommendations, the fitness industry FAR surpassed restaurants and especially bars. Yet they remain open.
Judge made a good point. Can't shut down business activity without revealing quantifiable reasons. "Public Heath" doesn't hack it. If you have quantifiable reasons, you can turn those into specific requirements and goals for moving forward. If the fitness businesses can comply with those requirements, then there is no reason to stay closed. Otherwise it is arbitrary. Judge ordered the state to post the checklist online and accept applications to reopen from fitness businesses that say they have complied. It will be case by case, location by location. If they are not maintaining the standard, they can be shut down later. Sounds good to me. Should apply to all businesses.
It is clear the logic the judge used was fair and reasonable. It sends a signal to the state to apply the same approach to other businesses. Give them mandatory benchmarks based on science and enforce it. It is uncertainty as much as anything else that is killing business now. Too many open ended executive orders. Before the modest opening of this state, they pushed back the date twice. Millions of dollars of produce, training, and supplies were wasted because the open date slipped. Now open, the state can reverse overnight. Give businesses the ability to essentially pick their own open date and give them assurances that they will remain open if they can meet quantifiable requirements, not the whim of a politician or educated guess of a public health official without skin in the game.