Group of Sonoma County gyms support lawsuit to restart indoor workouts

A group of Sonoma County fitness centers have thrown their support behind a lawsuit alleging gyms and workout studios are being unfairly targeted by the state during the pandemic and are demanding to be allowed to reopen indoors.

The suit, filed by the California Fitness Alliance, claims the state is imposing stricter public health regulations on gyms than on restaurants, barbershops, movie theaters and other establishments without providing evidence that fitness centers have contributed to the spread of the coronavirus.

The business trade group, which represents nearly 300 members, brought the legal action last week in Los Angeles County Superior Court against Gov. Gavin Newsom and other officials including acting State Health Officer Dr. Erica Pan. The complaint alleges the closure of most fitness centers statewide has deprived millions of Californians of “reasonable and equitable access to fitness.”

Catherine DuBay, general manager of Montecito Heights Health Club and Spa in Santa Rosa, said the gym is a member of the fitness alliance and supports the lawsuit.

Since being allowed to reopen outdoors in July, the club has set up two large tents for exercise classes and personal workouts. But record high summer temperatures and smoke from recent wildfires have made operating in the elements unsustainable and at times unsafe, DuBay said.

“We really believe we’ve run out of other options to keep our members healthy,” she said.

As a result of public health restrictions, member usage at the health club is down 60%, DuBay said, which has had a big effect on its bottom line.

Across the country, small fitness centers have been pushed to the brink by the pandemic, while chains including 24 Hour Fitness and Gold’s Gym have sought bankruptcy protection.

Area gyms listed as “partners” on the California Fitness Alliance website include Sonoma Fit in Sonoma, Petaluma and Novato; Team LP Fitness in Santa Rosa; Parkpoint Health Clubs in Santa Rosa, Sonoma and Healdsburg; Well Sonoma in Santa Rosa; and Yoga Hell in Petaluma. None of them, however, are plaintiffs in the lawsuit against the state.

The California Department of Public Health declined to comment on the suit.

Under California’s new four-tiered community reopening plan, gyms in Sonoma County remain only permitted to operate outside. They eventually will be able to restart indoors at 10% capacity once local COVID-19 daily infection rates drop to 7 cases per 100,000 people.

On Monday, Sonoma County Health Officer Dr. Sundari Mase said Sonoma, along with about 30 other counties, are still mired in “widespread” virus transmission and will not be allowed to advance this week to the next tier. Even after meeting state benchmarks to move forward, counties must wait at least two weeks before easing business restrictions.

Napa, Lake and Marin counties are firmly in the second stage of reopening and have given gyms the green light to reopen. Counties that reach the final phase of reopening may allow gyms to reopen indoors at 50% capacity.

DuBay said reopening at 10% simply doesn’t make financial sense for her health club. Immediately resuming indoor workouts at half capacity, while ensuring proper distancing and requiring masks, would be “totally doable,” she said.

In arguing for relaxing public health regulations during the pandemic, some in the fitness industry have pointed to a national trade group-backed study showing a 0.002% infection rate based on member visits at participating gyms. Public health experts, however, say the study was methodologically flawed with possible conflicts of interest, according to a news report by the Washington Post.

The California Fitness Alliance has published its own survey showing a similar 0.002% infection rate.

Dr. John Swartzberg, an infectious disease specialist at UC Berkeley, told The Press Democrat that indoor fitness centers are likely at a higher risk for virus transmission than other businesses.

“Gyms are particularly hazardous because they are both indoors and people are huffing and puffing, and that puts much more virus in the air than talking quietly,” Swartzberg said.

Jeff Renfro, owner of Yoga Hell in Petaluma and a state fitness alliance member, has pivoted to outdoor and online classes during the pandemic. Despite the trade group’s lawsuit, he’d like to see the industry take a more cautious approach to returning to business as usual.

“I’m sure that we can open up safely with a few people, but the reality is, if this virus comes back in the fall and the flu gets mixed in, who knows what’s going to happen?” Renfro said.

Regardless of guidance from public health experts and officials, DuBay is confident she can prevent COVID-19 outbreaks at her gym by following the same protocols required for recently reopened local businesses such as barbershops and shopping malls.

“We don’t feel like the health clubs have been treated fairly in this process,” she said.

You can reach Staff Writer Ethan Varian at ethan.varian@pressdemocrat.com or 707-521-5412. On Twitter @ethanvarian