Sonoma Valley gyms join legal fight to reopen

California is the last state in the country to reopen its gyms for indoor workouts.

And Sonoma Valley fitness industry executive Francesca Schuler has waited patiently for an explanation from Gov. Gavin Newsom as to why – in the absence of any data showing fitness facilities as being sources of outbreaks.

On Sept. 15, the California Fitness Alliance filed a lawsuit in Los Angeles Superior Court demanding that Newsom “restore reasonable access to indoor fitness.”

CFA vs. State of Calif..pdf

Schuler co-founded the CFA and its Sonoma Valley members include Parkpoint Health Clubs, Anytime Fitness, Sonoma Fit, Pure Bar and Sonoma Pilates.

Most health clubs in California, including those in Sonoma, have been closed for five of the last six months. After being shut down in March, fitness centers were allowed to reopen in June. But a month later, “out of nowhere,” says Schuler, they were forced to shut down again on July 13.

The lawsuit contends that Newsom “overstepped his bounds” in closing health clubs the second time around.

“In looking at the data and evidence when they were open back between June 12 and July 13, there is concrete evidence that how they were operating was safe and not leading to any kind of outbreak of COVID,” says CFA attorney Scott Street, a partner at Musick Peeler & Garrett in Los Angeles. “And that's powerful because the state says they're making decisions based on data and evidence and science. So, the question becomes, what information is the state relying on in keeping the fitness industry closed?”

When asked to comment on the lawsuit, a press secretary for Newsom stated only that the office does not typically comment on pending litigation.

Schuler, who lives in Sonoma, is CEO of the Stockton-based In-Shape Health Clubs. She says that the fitness industry understood the need to shut down back in March.

“We knew we had to because we needed to figure out exactly what needed to be done to make our clubs safe to reopen,” she said. Alliance members talked to CEOs from China, Europe and states that reopened ahead of California to develop a detailed set of standards. Schuler met with Newsom and his team.

Together, the Alliance and Newsom’s team developed a detailed list of protocols to reopen.

“It was, in my opinion, how it should work,” she said. “Industry and government collaboration, we brought expertise, they brought expertise.”

The most notable protocol the CFA embraced was mask wearing while working out. “We think it's very important and it’s what makes us different from restaurants and bars,” said Schuler.

Beyond masks, CFA’s protocols can be summarized as four Ws: Working out six feet apart, wiping your equipment before and after, wearing a mask, washing your hands, plus stringent cleaning protocols. Most Sonoma clubs are also planning temperature checks, which is not mandated. Most are also planning on open doors or making sure they have effective ventilation systems in place.

“Most clubs already have great ventilation because, well, you know, gyms would smell otherwise,” Schuler said with a laugh.

Throughout the pandemic, Schuler has run In-Shape and ramped up the CFA from her eastside home while also giving tours to public health officials, the CMO of Dignity Health and even risk insurance companies. She says that anyone who has visited a studio or a gym who is following the protocols that the Alliance supports in alignment with the state has endorsed them as safe.

Schuler and Street say that the data shows clearly that gyms are not hotbeds.

“The governor’s office is just flying by the seat of their pants,” says Street. “The evidence and the data will be very powerful when it gets put in front of a judge. And I think the state knows that. And so, hopefully, they will do the right thing and resolve this.”

In most states, gyms have reopened without the restrictions that the CFA members have agreed to follow, including substantially reduced capacity and mandatory mask wearing, says Street. “And there have been no reported outbreaks of COVID in any of these facilities. We’ve got the evidence, but the governor’s office seems to be ignoring it intentionally, which is really disappointing.”

Parkpoint Health Clubs General Manager Jennifer Anderson Couch says she is “extremely confident” that Parkpoint can be a safe place “for people to get the exercise people crave as well as provide the sense of community they miss, safely at a distance.”

Schuler concedes that not all gym members want to return or even should.

“People in high risk categories may decide not to return to gyms,” she said. “But everyone should be able to if they want to.”

Sonoma Fit member Beth Reilly has an autoimmune disease and has spent a lot of time thinking about whether or when she’ll return to the gym.

“I haven’t canceled my membership and I want the option,” she said. “Even if I decide to wait a while before I go back.”

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

The Alliance seeks permission to operate at 25 percent capacity in the state’s new Purple category, like hair salons.

“Opening back up at 10 percent occupancy isn’t remotely feasible for small yoga and pilates studios,” said Schuler.

Pilates Sonoma owner Perry Pownall agrees. She joined the California Fitness Alliance after being unable to reach anyone in power in Sacramento.

“We’re facing roadblocks that no other industry faces,” she said. “People need exercise for their physical and mental health. Hair salons opening before us makes absolutely no sense.”

Schuler expressed frustration that the government has “disregarded” the health of millions of Californians who need a safe and secure place to exercise.

“No one disagrees that exercise matters for good health and increases our ability to fight off infection,” she says, pointing out that “most people dying of COVID suffer from chronic illnesses, 80 percent of which can be treated with good diet and exercise.”

Why can’t people just exercise outdoors, she is frequently asked?

“People say, ‘Hey, get a Peloton or work out outside’ but many of our members are in the Central Valley. It's over 100 degrees and many people don’t have huge yards or the resources to buy their own equipment,” she said. “And here in Sonoma, you have days that are 100 degrees or too smoky to even take a walk outside.”

Also at stake are the jobs at thousands of businesses and hundreds of thousands of fitness industry employees - arguably one of the most important industries to the current and future health of California’s citizens, says Schuler.

“At least 25 percent of all fitness companies will go out of business if we don’t reopen soon,” she said. At least three large fitness companies have filed for bankruptcy during the pandemic, including 24 Hour Fitness, Gold’s Gym and the operator of New York Sports Clubs and Boston Sports Clubs.

Schuler was forced to lay off more than 3,000 In-Shape employees in March.

“I hired back 1,100 in June and I laid them all off again in July,” she said. “I mean, that's insanity. That's why people's lives are disrupted. You just you can't run a business like that. Reopening for just a month was worse than not opening at all.”

There has been one silver lining of the pandemic for Schuler.

“The fitness industry has historically not collaborated particularly well and not been really unified,” she said. “Now, we have tiny little yoga studios and giant chains like 24 Hour Fitness talking all the time.”

Jennifer Anderson Couch agrees.

“We really value that we now have a collective voice,” she said about joining the CFA. “A lawsuit really should always be a last resort but sometimes it’s necessary to get people’s attention.”

In terms of next steps, the state has been ordered to turn over certain documents to CFA, according to Street.

“We're going to ask to depose some of the state health officials about how they're making their decisions,” said Street. “And within the 30 to 45 days after that, we expect a motion for a preliminary injunction.”

Street said that the CFA is not seeking compensatory damages and no financial relief beyond attorney's fees.

“My clients are team players, they shut down their businesses voluntarily early on during the pandemic. They know that everybody has been suffering and this isn’t a money grab,” Street said. “They just want to be able to open their facilities in a practical and meaningful way and provide safe and secure places for people to exercise.”

Contact Lorna at lorna.sheridan@sonomanews.com.