Mountainside Fitness CEO says gyms will remain open during pandemic, plans to head to court

Tom Hatten, CEO of Mountainside Fitness, says he will keep his gym's doors open amid the COVID-19 pandemic. He says he has followed all safety protocols to keep his members safe.

It was earlier this week when Arizona Governor Doug Ducey issued the executive order mandating all gyms, bars and movie theatres close for 30 days to help limit the spread of the coronavirus.

Some businesses didn't listen and now the Arizona Department of Health Services (AZDHS) is demanding compliance.

On Thursday, AZDHS gave Mountainside Fitness and Life Time one final opportunity to comply. The businesses had until noon Friday to close or else legal action would be taken.

Notices to close were posted Thursday on the windows of Life Time in Biltmore and Tempe as well as Mountainside Fitness in Scottsdale Shea.

Life Time finally agreed to close its doors Friday. But Mountainside Fitness CEO, Tom Hatten, says he will keep his gyms open.

In a press conference Friday afternoon, Hatten said, "We were in guidance and protocol. Our industry was told we are part of the problem."

Hatten says he will remain open until he goes to court on Monday. "We will deal with being closed," he said.

AZDHS claims Mountainside Fitness Scottsdale Shea is not complying and therefore will move forward to enforce its emergency measure against the business to protect public health.

A judge is expected to make a ruling on the case by July 7.

"The court’s ruling on Mountainside Fitness’ temporary restraining order is expected on July 7th. We want to thank our MSF members, as well the entire Arizona Community for the incredible support!" Hatten said in a statement.