Mountainside Fitness gym

PHOENIX (AP) — A judge has refused a Phoenix-area health club chain’s request to hold Arizona Gov. Doug Ducey in contempt after it challenged his order closing gyms to reduce the spread of the coronavirus.

Maricopa County Superior Court Judge Timothy Thomason ruled late Monday there was no indication that Ducey’s reopening plan for gyms violated due process standards. The judge wrote that Mountainside Fitness “has not even given the process a chance to work.”

Mountainside Fitness said in a court filing last Wednesday that Ducey’s reopening plan lacked firm deadlines and clear standards. Mountainside also said gyms that assure the state they are operating safely should be allowed to open once they turn in key paperwork.

Thomason previously ordered Ducey to create an application process for reopening gyms and the plan unveiled Aug. 10 allows gyms to reopen at a limited capacity and with health precautions once the spread of the virus within their county is downgraded to moderate or minimal.

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