PROVIDENCE – R.I. Superior Court Judge Melissa A. Long on Friday granted the R.I. Department of Health a temporary restraining order against Seventh Maxx Warren LLC and Fourth Maxx Lincoln LLC, the owning entities of Maxx Fitness Clubzz in Warren and Lincoln, respectively, and the gyms must close during the two-week economic “pause” that took effect Nov. 30.
The R.I. Department of Health on Thursday filed a lawsuit asking the court to shut down the two Maxx Fitness Clubzz locations, citing the businesses were operating after Nov. 30. The “pause,” which tentatively runs through Dec. 13, was implemented because of the recent rise in COVID-19 cases across Rhode Island and increased hospitalizations that resulted in the opening of two field hospitals.
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Indoor fitness centers and indoor recreation facilities are among the businesses that were ordered closed during the pause. The state contended, according to the lawsuit, that Maxx Fitness Clubzz’s continued operation is considered a “clear and present danger to the health, safety and welfare” of the gym’s patrons and to the general public during the pandemic.
According to an affidavit by Joseph Campagnone, a member of the state’s COVID-19 Task Force, Campagnone testified he inspected the Lincoln gym on both Nov. 30 and Dec. 2 and saw “multiple patrons” entering, exiting and exercising at the location.
Maxx Fitness Clubzz objected to the state’s claim that the gym should be closed, saying the state cannot prove that the gym’s operation presents an “imminent danger” to the public.
However, Long, after hearing arguments from both sides for close to an hour Friday, ruled that the executive order has the force and effect of law, and is “clear and unambiguous” as it pertains to gyms and fitness centers that must close during the pause.
James Bessette is the PBN special projects editor, and covers the nonprofit and education sectors. He can be reached at Bessette@PBN.com. You may also follow him on Twitter at @James_Bessette.
