Buellton Fitness Center Issued Restraining Order for Operating Indoors

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Buellton Fitness Center Issued Restraining Order for Operating Indoors
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Source: Santa Barbara County District Attorney's Office

People v. Jayda, Inc. et al Case No. 20CV02717

Santa Barbara County District Attorney Joyce E. Dudley announced today that after a hearing on August 31, 2020, the Honorable Jed Beebe of the Santa Barbara Superior Court issued a temporary restraining order (“TRO”) requiring All Sport Fitness Center (“All Sport”) to cease indoor operations pursuant to state and local public health orders.  All Sport, which is located in Buellton, continued operating indoors after the state and local government issued orders requiring all gyms and fitness centers in counties severely impacted by the COVID-19 pandemic to cease indoor operations. 

All Sport was allowed numerous opportunities to comply with public health orders but failed to do so, despite warnings from the City of Buellton’s code inspector and the District Attorney’s Office.  In light of All Sport’s failure to cease indoor operations, the Consumer Protection Unit of the District Attorney’s Office had previously filed a civil complaint against All Sport alleging a violation of California’s Unfair Competition Law.

The TRO remains valid until September 11, 2020, when Judge Beebe will determine whether a preliminary injunction is appropriate to enjoin All Sport from violating the public health orders during the pendency of the case.  

District Attorney Dudley said, “The District Attorney’s Office remains committed to protecting public health and safety by enforcing state and local public health orders.  Compliance with these orders is essential to combatting COVID-19 in Santa Barbara County.” 

Information on the current public health orders can be found here: https://publichealthsbc.org/

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Jones13 Sep 04, 2020 07:19 AM
Buellton Fitness Center Issued Restraining Order for Operating Indoors

Why can't we figure out a way for people to exercise indoors that meets or exceeds other indoor facilities, such as hospitals, instead of closing them down and taking them to court? Their members want to exercise which why this business exists. Members feel it is safe and the owner is providing a service demanded. Just like entering a medical facility, check your temperature, sign disclosure of any symptoms, distance beyond 6 feet, wear a mask, disinfect any equipment before and after, filter all air with HEPA filters, and do whatever else is appropriate. These are membership based businesses with usually the same people coming at the same time everyday just like an office or business with the same employees coming in everyday. The members usually all know each other and support each other. If they don't want to go, they don't have to go. Show me the scientific studies that prove healthy people exercising indoors are the ones responsible for spreading COVID-19. No reason to take this owner to court when there are ways to remain open safely. Our taxpayer dollars don't need to be wasted on this.

SBgal74 Sep 03, 2020 11:39 AM
Buellton Fitness Center Issued Restraining Order for Operating Indoors

Why should this gym get special treatment when others have been forced to close or better yet pivot to outdoor workouts that provide a safer option for workouts? Yes optimal health is paramount these days but there was a good reason gyms were asked to halt indoor operations. It doesn’t take a rocket scientist to figure out that people breathing heavy in an enclosed environment without masks are going to pose a greater risk of viral transmission. Anyone that seriously tries to refute that is just grasping at straws. It’s hard to have any sympathy for this guy who didn’t think the law applied to him or feel like making the effort to take his operations outdoors like many others have done. Many businesses have been greatly impacted by the restrictions imposed to keep this virus at bay. Some make total sense others feel overkill (ie: hair salons vs nail salons) At the end of the day I think the owners of many impacted business who show the grit to adapt and shift their operations are the ones who will survive. As Darwin said...”it is the one who is most adaptable to change that will survive”.

PitMix Sep 03, 2020 10:51 AM
Buellton Fitness Center Issued Restraining Order for Operating Indoors

The bigger issue to me is how do we regulate businesses so they and their employees can save up the recommended 6 months of emergency savings that they have always put forth as the ideal? That means no more minimum wage salaries for the employees and lower taxes for the businesses, right? And mandatory savings plans for everyone.

Byzantium Sep 03, 2020 05:41 PM
Buellton Fitness Center Issued Restraining Order for Operating Indoors

10:28, transmissions in this fitness center must have been zero. Otherwise we would have heard about it by now. We have enough people on the public payroll who are supposed to track these things down and then make "rational" decisions based upon their findings and data.

Ahchooo Sep 03, 2020 09:27 AM
Buellton Fitness Center Issued Restraining Order for Operating Indoors

I would like to know the details on how the authorities decided which kinds of businesses could open and which couldn’t. Some choices are obvious, others, not so much. The public looks at the rules and doesn’t trust the process that led to them. Give us details. I suspect some of it has to do with the length of time customers are in the business (longer exposure=greater danger). That’s just one component, but one we don’t always think of.

haskelslocal Sep 03, 2020 08:34 AM
Buellton Fitness Center Issued Restraining Order for Operating Indoors

Those of you that are so adamant about being hard pressed for these type of closures, I'd like you to please remember one thing. Sometime in about 6 months the rules will be modified for reopen. The few businesses that survive will get the chance to open their doors without anything changing accept perception. The disease will still be here, transmission will still be possible, only the paranoia will subside. It will be precious time wasted. So please, for your own benefit, remember yourself, remember your over reaction, remember your attitude as you emotionally joined the pack to demand this witch hunt. Remember out loud, that you were mostly wrong.

Eggs Ackley Sep 04, 2020 04:47 PM
Buellton Fitness Center Issued Restraining Order for Operating Indoors

“How are people supposed to get their workouts in, if they want to go outside their home?” Seriously, you can’t come up with an answer yourself, or are you so thoroughly partisanized that you have lost the capacity of rational thought?

DTOM Sep 03, 2020 06:26 PM
Buellton Fitness Center Issued Restraining Order for Operating Indoors

Well stated! Another thing, in general that I've hardly seen or heard anyone talk about is, the fact that all the little outdoor workout stations around the county as well as many playgrounds are closed too...how are people supposed to get their workouts in, if they want to go outside of their home?...Seems like theres a ton of citations and "DON'TS" but hardly any DO's/alternatives...seems a bit backwards logic, no?

Byzantium Sep 03, 2020 05:45 PM
Buellton Fitness Center Issued Restraining Order for Operating Indoors

PITMIX, explain your devotion to the state's current decision making process. It is arbitrary, capricious and selectively punitive. What are its good factors that make you such a fan of what they are doing to so many people right now. Facts, not just "hope" or emotions. Facts to support the universal lockdown when such a known targeted population is really the only one statistically at risk. Is your justification the 100% doctrine - if there is 1% of the problem at risk attack it as if 100% of the population is at risk. Your string of very similar arguments indicated this is your operating philosophy - the One Precent Doctrine.

Jones13 Sep 03, 2020 07:48 AM
Buellton Fitness Center Issued Restraining Order for Operating Indoors

I am confused why is exercising like this is not allowed by health officials while other activities are. Almost any medical professional will tell you that diet and exercise are keys to keeping your immune system healthy. Gym owners and their members highest priority is their own physical health. Why don’t the heath officials work with them to set up standards so they can operate safely indoors instead of just closing them with no input? Health officials work with other businesses. Why is buying marijuana essential but exercising is not? If being indoors is the danger, why don’t hospitals operate outdoors? If medical facilities can operate indoors safely, why can’t exercise facilities? Before making judgments, go see for yourself that gyms can operate safely exceeding all health standards for sanitation, social distancing, reduced capacity, face masks, and air filtering. Good for this owner to bring this issue to the forefront. Gyms have no other way to heard. There needs to be some ways to have exercise facilities open now for the health of Californians. Health officials: please work with them. Health is your number one priority and exercise an essential part of health.

sacjon Sep 03, 2020 06:01 PM
Buellton Fitness Center Issued Restraining Order for Operating Indoors

Byz - You're assumption is incorrect, wildly, but your lack of knowledge indicates you don't even know what a gym is. It's not your garage with a couple dumb bells. Not wasting the time to list all the activities in a gym that would pass COVID.

Byzantium Sep 03, 2020 05:48 PM
Buellton Fitness Center Issued Restraining Order for Operating Indoors

SacJon, I assume you have never been to a gym. Yes, people sweat, but this is not a covid transmission route. People breathe all over each other? How does that work in a gym - how are they that close to each other panting away? Can't think of anything in my own experience in gyms that even comes close to your description; and if it does how easy is it to simply walk away from the heavy breather?

sacjon Sep 03, 2020 10:09 AM
Buellton Fitness Center Issued Restraining Order for Operating Indoors

OOPS - buying pot, smokes, booze, etc are temporary (and masked) interactions and not even close to the same as working out indoors (without a mask) close to others and sweating and breathing all over each other. As for the beach, you can still go, just not sit around in clumps of people. The intent is to avoid out of town crowds. It's like being outraged because you can walk across the street, but are not allowed to stand in the middle of the 101. But then again, I know you know all this, just wanted to clarify your faulty logic.

SBLetsGetAlong Sep 03, 2020 07:38 AM
Buellton Fitness Center Issued Restraining Order for Operating Indoors

GENERALTREE What consequences should our leader & lawmaker Pelosi be sentenced with for her breaking of the law?
And will that hair salon face charges?

The problem is that these closures had seemed arbitrary; breweries need to be closed but wineries can stay open. Is that because Newsom has a winery?

Our leaders/law makers are violating the laws put in place, Pelosi w her hair cut. That Michigan Mayors husband using his boat when his wife ordered all marinas closed.

Hypocrisy

Easy to say “comply”. But when you can’t put food on the table or pay rent and you’re going to loose your business because you need to be closed while liquor stores & vitamin stores are all open for business has to be tough.

How many of you critics have lost your jobs or businesses? How many of you critics are getting the unemployment with supplemental money?

If you were faced with the economic hardships small business owners are you might make a different call.

Just saying, don’t be a hater till you e walked in the shoes of a small business in today’s times of contradictions from our CA Leaders.

a-1599170635 Sep 03, 2020 03:03 PM
Buellton Fitness Center Issued Restraining Order for Operating Indoors

The real world fact is that a worker at the salon reported that the owner was flouting the rules and continuing to operate, was complaining about the rules, and thought Pelosi was responsible for the rules. So, yes, it's definitely an entrapment, although Pelosi was stupid to not be aware of the rules.

RHS Sep 03, 2020 10:12 AM
Buellton Fitness Center Issued Restraining Order for Operating Indoors

As reported in today's LA Times, the hair dresser that went running to Fox News had been illegally providing services for months. She told Pelosi she was legally open. She told Pelosi to come in without a mask as it was a one on one situation. Her employees have confirmed this stuff. This was a "set up" for sure. Of course Pelosi was naive in trusting the stylist simply based on many previous encounters. So many can't resist the 15 minutes of fame this offered.

Seabird Sep 02, 2020 07:57 PM
Buellton Fitness Center Issued Restraining Order for Operating Indoors

There are many, many other family businesses that had to close and suffered immensely as a result. All Sport Fitness is somehow "special?" Totally lame to play the victim card when they blatantly have not complied. I don't feel badly for them at all. I'm a local in SYV and won't ever be frequenting their gym after this.

a-1599105539 Sep 02, 2020 08:58 PM
Buellton Fitness Center Issued Restraining Order for Operating Indoors

I feel the same way about Nancy Pelosi playing the victim about going into a hair salon them blaming the salon bc she didn’t know the rules. We all know the rules, she should especially know the rules. She felt so safe, she didn’t even have a mask on.

a-1599094659 Sep 02, 2020 05:57 PM
Buellton Fitness Center Issued Restraining Order for Operating Indoors

Here is the gym's full statement on Facebook in case others can't read it:

"I have been quiet for sometime now and remained open because I felt our members needed it and I needed to support my family. I went to court today and the judge ordered me to close. I felt that the judge was fair and understanding with the information that the DA provided. We hope for a different outcome on September 11th when the judge allows me to return and plead my case again. What kind of a world do we live in now where we release criminals and DA's turn away cases yet this DA decides to throw the book at a local business owner that has never even had a ticket.
I have DA's that are friends just like I know several law enforcement officers that are great people. I see people based on the person they are and not the job they have or anything else about them other than who they are. The person responsible for shutting us down is Dennis Schoen from Researched Nutritionals and the DA handling my case. Dennis has the business across the street and continues to call the health department on us. What kind of person would try to destroy another persons business while they remain open selling vitamins. I could go on and on about this person and all the people that disagree with me but everyone is entitled to their own opinion and I respect everyone's beliefs. Everyone should chase their dreams and fight for their family, their jobs, and businesses. This world has become a very sad place so we should all do our best and not try to destroy other peoples lives. I was born here and I plan to raise my kids in this awesome place and continue to fight for what is right for me and my family. To all our loyal members please know that I will fight and make this right. You guys are awesome and the type of people that I am excited to fight for. The gym is a better place since this whole thing began because of the like minded people that I see on a daily basis. Thank you very much to all of you! We will come back stronger!!
#wewillcomebackstronger #allsportfitnesscenter #healthylifestyle #fitnessmotivation #trainsafe #fitnesshealth #staystrong #stayhealthy #staysafe #supportsmallbusiness #supportlocalbusiness #supportyourgym #mentalhealth #gymclosed"

RHS Sep 02, 2020 06:28 PM
Buellton Fitness Center Issued Restraining Order for Operating Indoors

In response to the owner's statement: Nonsense. We are all part of a common whole and we have to accept limits on our "rights" in the name of the public good. Your attempt to excuse your misconduct by reference to your family and other larger interests is sad and ignores the many, many people who have the same sort of concerns and needs yet comply. Please reflect on your selfishness.

a-1599094530 Sep 02, 2020 05:55 PM
Buellton Fitness Center Issued Restraining Order for Operating Indoors

I understand the sentiment of wanting to stay open, but what makes All Sport so special? Every other gym has either pivoted or shut down to follow the rules. Why does All Sport get to do whatever the hell it wants? I agree that rules are a little too strict right now, but everyone else is complying. This just makes you look like an a**hole.

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