PHOENIX (3TV/CBS5) -- The Superior Court of Arizona in Maricopa County has denied Gov. Doug Ducey's appeal to essentially give gyms a fair chance to reopen. 

Governor Ducey appealied the Maricopa County Superior Court decision made earlier this week that would give gyms to the possibility to reopen. They were also asking for a temporary delay to give the state and gym owners more time to consider reopening plans. 

Ducey issued an executive order on July 23 that closed gyms and fitness centers for a second time because of the coronavirus spike in the state. This came after a 30-day closure as a recommendation from the White House Coronavirus Task Force.

“The virus is mainly transmitted via respiratory droplets, including during coughing, sneezing, heaving breathing, talking or exercising. It may also be possible to contract COVID-19 by touching a surface or object. To limit the spread, the Centers for Disease Control and Prevention recommends that individuals stay at least six feet apart, avoid large gatherings, wear face coverings and wash or sanitize hands regularly," per court records. 

Arizona Department of Health Services also published a set of requirements on July 23 for gyms that would need to be met in order for the gyms to successfully reopen.

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.”

Mountainside Fitness filed for temporary restraining orders and preliminary injunctions to remain open despite COVID-19 health measures from the State of Arizona. Mountainside Fitness plans to re-open next Tuesday with enforcement of safety protocols and mandated CDC guidelines.

 

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