Group of NC gym owners who want to reopen file lawsuit against Gov. Roy Cooper

A group of gym owners sued North Carolina Gov. Roy Cooper Wednesday for not allowing them to reopen their businesses under Phase Two of the state’s reopening plan.

In the lawsuit, the group argues that by ordering their facilities closed, Cooper is depriving them of their right to earn a living and enjoy the fruits of their labor.

They are asking that a temporary restraining order be issued, preventing Cooper from enforcing his executive order, according to the lawsuit.

Chuck Kitchen, the attorney representing the group, told The News & Observer Wednesday afternoon that he filed it in Wake County Superior Court.

Last week, Cooper announced that certain businesses were allowed to reopen as of May 22 in a “modest” Phase Two of the state’s reopening plan amid the coronavirus pandemic.

But he kept gyms, indoor exercise facilities and other entertainment venues closed in his executive order. Cooper and NC Department of Health and Human Services Secretary Dr. Mandy Cohen have said those types of places can’t open because of a greater risk for the spread of COVID-19.

“Although our metrics are relatively stable, we have seen an increase in hospitalizations and positive cases over the last few days,” Dory MacMillan, the press secretary for the governor’s office, said in an email to The News & Observer Wednesday afternoon.

“Phase 2 is a modest step to boost the economy while protecting public health, and Governor Cooper and state health officials will continue to work with the private sector as we move forward,” MacMillan said.

Facebook group raises money for an attorney

A Facebook group called ReOpen NC’s Health Clubs started last Wednesday and had more than 6,600 members as of Wednesday afternoon. The group raised more than $20,000 in two days to retain an attorney for its lawsuit against Cooper.

The nine plaintiffs in the lawsuit own gyms, a personal training studio and a martial arts studio, according to the lawsuit. They live in Carteret, Pitt, Wilson and Wake counties.

The state has not specified whether gyms can reopen in Phase Three or earlier. Phase Three will lessen restrictions even further and allow most businesses to reopen. Phase Two is expected to last through at least June 26, with the next phase contingent on the state meeting benchmarks like a decrease in the percentage of positive COVID-19 tests over 14 days, the trajectory of hospitalizations, and the number of lab-confirmed COVID-19 cases.

Some gym owners said they don’t think it’s fair that businesses such as ABC stores and restaurants are able to open, but not gyms.

The day after Cooper’s announcement, Cohen explained why fitness facilities should not open yet.

Gyms have two risk factors, Cohen said at last Thursday’s news conference. In gyms, she said, people are breathing more heavily and intensely. That can increase the risk of spreading COVID-19 because it is spread through airborne droplets.

“It’s not an issue related to sweat,” Cohen said Thursday. “It is really more about the heavier breathing that you do naturally when you are doing any of the athletics in a gym setting.”

She also said people working out are less likely to wear face coverings.

“It’s not to say we can never move there and it’s too risky ever,” Cohen said. “I think this is just about taking a measured approach so that we are going to do some of these other activities.”

This isn’t the first legal challenge Cooper has faced as North Carolina eases restrictions for businesses and individuals during the coronavirus pandemic.

A group consisting of two Baptist churches, a minister and a Christian revival group filed a lawsuit against Cooper, a Democrat, May 14. They asked the court to dismiss restrictions in Phase One that limited indoor services to up to 10 people. They said the executive order violated their rights to worship freely.

Two days later, a federal judge issued a temporary order to allow places of worship to open, saying people should observe social distancing recommendations, The N&O reported.

Cooper’s spokesperson said the governor disagrees with the order but wouldn’t appeal.

A hearing is scheduled May 29 on whether the order will become permanent.