Judge denies NC gym owners’ request for order that would have let them reopen
A Wake County judge has denied a group of fitness owners’ request for a temporary restraining order against Gov. Roy Cooper that would have allowed the owners to open their gyms immediately.
Gyms, health clubs and other indoor exercise facilities are excluded from Phase Two of the state’s reopening plan, and are currently supposed to be closed. A group of gym owners filed a lawsuit last month against Cooper, arguing that the governor is violating their constitutional rights.
Cooper and N.C. 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.
Despite the ruling, the judge, James L. Gale, will allow the gym owners to submit additional evidence for a preliminary injunction hearing. The date for that hearing has not been set.
“At this juncture, and on this record, the Court finds that Plaintiffs have not met the high standard for issuing a TRO mandating that they be allowed to reopen immediately,” Gale wrote.
“The Court will defer ruling on Plaintiffs’ motions for preliminary injunction until allowing, but not requiring, Plaintiffs to present a more complete record in support of their claims.”
This story was originally published June 10, 2020 at 11:34 AM.
