Gyms flex legal muscle in lawsuit against Michigan Gov. Whitmer to lift coronavirus restrictions

Gym owners in Michigan have lawyered up in their battle against Gov. Gretchen Whitmer over state-imposed restrictions meant to stem the tide of the coronavirus.

Under the latest iteration of Whitmer's coronavirus executive orders, gyms were included in the list of facilities that could not reopen and must remain closed until at least June 12. On Friday, more than 120 independently owned gyms and fitness centers banded together and filed a lawsuit against Whitmer and Michigan Department of Health and Human Services Director Robert Gordon, demanding that the courts overturn the governor's policy and allow them to reopen.

"The governor’s impingement of constitutional rights must be narrowly tailored, and continuing to keep gyms completely shuttered is the exact opposite of that,” Scott M. Erskine, an attorney for the group, said in a statement to MLive on Sunday.

The group said Whitmer's restrictions were discriminatory and did not protect more lives than they harmed. Erskine argued that "deaths of despair" were a result of Whitmer's policies.

“If saving lives is the goal, then all lives should be considered,” Erskine said. “If reopening businesses safely is the goal, then all businesses — including gyms — should be afforded the same opportunity to do so.”

The lawsuit also claims Whitmer's orders are too vague to be enforced.

“The very fact that the governor needs a webpage to answer 'frequently asked questions' about the scope of the order shows that it’s vague,” the lawsuit said. “Michiganders are smart people. If 'ordinary people' could understand the lockdown order, then there would be no need for 927 FAQs on these orders on the state’s coronavirus webpage.”

Whitmer included gyms, casinos, bars, and dine-in restaurants in the businesses that must remain shuttered under the extended stay-at-home order. Gyms were first ordered to close by Whitmer on March 16 to help stop the spread of COVID-19.

The lawsuit, which was filed in federal court, claimed Whitmer violated the constitutional rights of gym owners by barring them from interstate commerce and denying them due process.

“The (executive orders) are objectively unreasonable,” the lawsuit read. “There can be nothing more unreasonable than keeping 10 million people under house arrest because 0.38% of the population has contracted a disease that has killed less than 0.03% of the population.”