By WPRO News
A Superior Court judge Friday ordered the closure of of gyms that remained open despite orders from the governor that they close during the two week coronavirus “pause”.
Judge Melissa Long Friday granted a temporary restraining order sought by the Rhode Island Department of Health closing Maxx Fitness, which operates gym and fitness centers in Lincoln and Warren. Her ruling followed oral arguments by attorneys for the state and the gyms.
The Department of Health had issued daily, $500 fines against both gym locations. The owner had refused to close, saying the executive order issued by Gov. Gina Raimondo would have the effect of devastating his business.
“The arguments related to whether there was arbitrary or capriciousness involved in the exercise of the Department of Health’s decision making, the Court must give great weight to the expertise of the Department of Health, which has been delegated that authority and which has that grant of authority,” Judge Long said.
The lawyer for the gym asked that the owner be given until the close of business Friday to close and secure the gyms, to which the state’s attorney had no objection.
Due to the pandemic, the court hearing was conducted over an online audio hook-up connecting all of the parties.
