Court orders gym to close after refusing to shut down during state ‘pause’

After at first refusing to close during the state's two week pause, Maxx Fitness Clubzz in Lincoln and Warren will now be closed for the rest of the 'pause' after being court ordered.

LINCOLN, R.I. (WLNE) – After at first refusing to close during the state’s two week pause, Maxx Fitness Clubzz in Lincoln and Warren will now be closed for the rest of the ‘pause’ after being court ordered.

“I was not surprised by today’s ruling,” said CEO Matthew D’Amico. “I was disappointed obviously.”

The Rhode Island Department of Health filed a temporary restraining order to force the gym to comply with the governor’s executive order.

The executive order shut gyms down for the state’s two week pause, among other places of business.

Lawyers for the department argued Friday that if they remained open, it could cause irreparable harm. The judge agreed.

They also argued that allowing Maxx Fitness to remain open would open the flood gates for other gyms to ignore the executive order, possibly worsening the pandemic in the state.

D’Amico’s attorney Charles Calenda argued that there has been no oversight by the general assembly on any of these executive orders, which leaves businesses with little recourse.

“What I was hoping to get out of this was to have the court be that independent check and balance on the governor and the executive branch, which is really the last resort when you don’t have a legislature who’s doing anything at this point,” said Calenda.

The gym closed as of Friday night.

D’Amico says he hopes they can survive. He added that they’ll wait out the rest of the pause, but if it is extended, they’ll be back in court.

“We’ve not recovered from the original devastation,” said D’Amico. “And that is the whole point of this.
That the culmination – how many body blows can small businesses take and keep standing?”

Another hearing on this issue has been scheduled for when after the two week pause is over, but what happens with that will be determined by whether or not the ‘pause’ is extended.