UTICA, N.Y. – Hundreds of gym and fitness center owners across New York are looking to sue the state for excluding them from Phase 4 of reopening.
The owners of Upstate Empire Fitness in Utica, Brian and Alyssa Devins, say they are joining the class-action lawsuit.
On June 23, just a few days before Phase 4 was set to begin, Cuomo said malls, gyms and movie theaters would not be eligible to reopen yet.
Then on Monday, the governor detailed some of his reasoning, saying air filtration systems need to have high efficiency particulate air filters that are capable of filtering out coronavirus.
"If we have the same HVAC system as malls and bars and restaurants, why are we being held at a different standard?” Brian said.
Brian also says gyms aren’t any more likely to spread the virus than other businesses.
“I think it's unfortunate that people will think that the gym is the place that will spread this virus faster. I think the people that come here are very much aware of when they should and should not be in the gym,” he said.
Cuomo has not yet commented on the lawsuit, nor has he discussed the reopening timeline for businesses that are still closed across the state.