PHOENIX (3TV/CBS 5) -- The Maricopa County Superior Court has issued a new ruling in regards to gym closures.

Mountainside Fitness filed for temporary restraining orders and preliminary injunctions to remain open despite COVID-19 health measures from the State of Arizona.

On Tuesday, Judge Timothy J. Thomason ordered Gov. Ducey’s executive order to shut down gyms, violate procedural due process.

The judge states fitness centers should have a prompt opportunity to apply for reopening. The order reads: “The process for doing so must be in place within one week from the date of entry of this Order.”

Arizona's Family has reached out to the Arizona Department of Health Services, Gov. Ducey's office for comment. 

Mountainside Fitness held a press conference Tuesday evening to talk about the ruling. 

“Relief is how we are feeling today,” said Tom Hatten, founder and CEO of Mountainside Fitness. “Since the first shut down, we have continued to do everything the Governor and the state have asked us to do to safely operate our business and finally today thanks to Judge Thomason we have an avenue to open and stay open.”

Mountainside Fitness plans to re-open next Tuesday with enforcement of safety protocols and mandated CDC guidelines.

"It's been a nightmare to be honest with you. I spent 30 years building Mountainside up. It’s the American dream, and to watch that seemingly come crashing down and it quite possibly could have…was beyond scary," Hatten said. "I hope this ruling is there for everybody’s sake to understand we don’t need to go through this as a business community, no business needs to go through this. We can move forward through this virus together, period."


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