PHOENIX - The doors are still open at Mountainside Fitness after the CEO, Tom Hatten, announced he was planning on suing Governor Doug Ducey.
Hatten says he is keeping all 18 of his locations throughout the state open, despite the governor's orders on June 29 to shut down to stop the spread of COVID-19.
"There was no prior warning. There was no understanding of the substance behind it. It just came out of nowhere," Hatten said.
"We want to stay the order and then have the courts look at the reasoning and define where the governor's office can come to us or any business when they make this decision," Hatten said. "It's not about profits. It's about our rights as a society to move forward with what we understand from COVID and how we're following the guidelines that we worked with the governor's office to put in place."
And Mountainside Fitness is not alone, many others are defying the governors' order.
"We knew we were going to keep our doors open and we were going to do everything in our power to do so, to keep the social practices open, to keep the cleanliness to keep our members safe because that is number one," said Holly Butler, the owner of Crossfit Obsession in Mesa.
She says another shut down would be financially damaging, and that's why she's staying open with increased cleaning practices.
"I'm going to stay in the guidelines. I'm not trying to stick it to the man or tell people what I can and cannot do, but I got to do what's best for my community, my people, my state, myself," Butler said.
In a statement to FOX 10, when asked about the gyms defying the state order, the governor's office said:
The statement goes on to say that failing to close down could result in a class one misdemeanor and a fine of up to $2,500.
Mountainside Fitness Cited
Scottsdale police say they've cited the Mountainside Fitness location near Frank Lloyd Wright and Shea Boulevards for defying the governor's order.
Police responded to the gym at 9:45 a.m. after receiving multiple reports that it was open. Officers provided education to the management team, however, they told police they would not be closing.
Officers returned to the fitness club at 2:25 p.m. and found that the gym was still open.
Mario Arce, Mountainside Fitness' Cheif Operating Officer, was cited for a class one misdemeanor for violating Ducey's executive order.
Scottsdale police say several other Scottsdale gyms are under investigation and may be charged with similar violations.