A judge's ruling today delivered a blow to fitness centers statewide. Judge Thomason denied Mountainside Fitness in it's bid to for a stay of Doug Ducey's Executive Order closing gyms at least until July 27th.
You can see the Honorable Timothy J Thomason's ruling here:
The bottom line is that Judge Thomason understood Mountainside's case but ultimately sided with Governor Ducey siting that the Governor is working within his authority under emergency declaration powers.
"Once again, this Court does not decide who here is “right” and “wrong.” The government has the weight of the law on its side. The burden that Mountainside has is immense. The Governor does not have to prove that his decision was correct. This Court must give extreme deference to the EO. The EO clearly had a rational basis. It is unlikely that Mountainside will prevail on the merits."
So here is what we have learned. Lord Ducey and mayor's like Queen Kate can declare a state of emergency, claim ultimate power, and select the winners and losers under their jurisdiction.
Keep in mind, this is about health and safety. So much so that we can't exercise but we can grab some "healthy" fast food on our way to the "essential" hair salon.
Winners and losers