NYC gyms plan class action suit against Cuomo

Fitness centers, malls and movie theaters were excluded from phase 4

TRD New York /
Jul.July 02, 2020 02:05 PM
Governor Andrew Cuomo (Getty)

Governor Andrew Cuomo (Getty)

Thousands of New York gym owners plan to file a class-action lawsuit against Gov. Andrew Cuomo challenging his decision to exclude gyms from the fourth phase of the state’s reopening.

SC Gym owner Charles Cassara, who has locations in Hicksville and Farmingdale, had 10 other owners on board with the lawsuit before putting out an appeal on Facebook. Cassara and lawyer James Mermigis now expect to have between 1,500 and 3,000 plaintiffs, Newsday reported.

“Phase 4 is here,” Cassara told the newspaper. “There is no Phase 5. There is no layout, there is no guideline, there is no direction, there is no timeline, which basically means that after Phase 4, your authority rule — whatever we want to call it — should be given over. We should be given our opportunity to open.”

Cuomo spokesperson Jason Conwall declined to comment on a lawsuit that hasn’t been filed, but reiterated a prior explanation for certain businesses being carved out of phase four.

“There are some things that don’t fit neatly into a phase that are going to require further study and we’re going through that right now,” he told Newsday. “We’re not going to be like other states that are inviting a second wave.”

Without a clear timeline, gym owners say they are struggling to manage the financial insecurity and lack of clarity around lease decisions. Public health experts note that certain aspects of gyms make them particularly conducive to the spread of disease.

“You have to be really careful when opening a gym,” Stony Brook Medicine infectious diseases division chief Bettina Fries told the newspaper. “People aren’t quietly sitting in a corner with their mouths closed. They have their mouths open, they cough, they breathe loudly.”

The pandemic has forced some gyms to rethink their business plans. In May, rock-climbing gym Brooklyn Boulders sued its Williamsburg landlord to get out of a lease for a new location, arguing that its “specialized business plan” was “completely destroyed.” [Newsday] — Kevin Sun


Related Articles

arrow_forward_ios
South Florida Resi Contracts Up in July (Credit: iStock)

South Florida resi contracts continued to rise in July

South Florida resi contracts continued to rise in July
WeWork Lincoln Road with Sandeep Mathrani (Google Maps, WeWork)

WeWork’s Lincoln Road landlord seeks $20M in unpaid rent

WeWork’s Lincoln Road landlord seeks $20M in unpaid rent
Matthew Kramer, Victor Petrescu, Sebastian Jaramillo and Gov. Ron DeSantis (Getty, iStock) 

Florida’s piecemeal extension of foreclosure, eviction ban “better than nothing, but only deferring the inevitable”

Florida’s piecemeal extension of foreclosure, eviction ban “better than nothing, but only deferring the inevitable”
Antonio Sersale and Nadim Ashi, with Le Sirenuse at the Surf Club (Credit: Google Maps and Jacopo Raule/Getty Images)

Arrivederci: Le Sirenuse at The Surf Club shutters permanently due to coronavirus

Arrivederci: Le Sirenuse at The Surf Club shutters permanently due to coronavirus
Map of priciest condo sales and 321 Ocean (Credit: Google Maps)

Miami’s condo market rebounds, led by $22M sale at 321 Ocean

Miami’s condo market rebounds, led by $22M sale at 321 Ocean
Clifford Asness and 321 Ocean (Getty, Douglas Elliman)

Billionaire hedge funder sells South Beach PH at a loss

Billionaire hedge funder sells South Beach PH at a loss
(iStock)

SoFla construction starts plummet 54% in June

SoFla construction starts plummet 54% in June
Faena Hotel Miami Beach and Eau Palm Beach (Faena, Eau Palm Beach)

Faena Hotel, Eau Palm Beach Resort among latest to lay off hundreds

Faena Hotel, Eau Palm Beach Resort among latest to lay off hundreds
arrow_forward_ios

The Deal's newsletters give you the latest scoops, fresh headlines, marketing data, and things to know within the industry.

Loading...