Gov. Doug Ducey appeals ruling on gym closure order

PHOENIX (KYMA, KECY)-Governor Doug Ducey appeals to a judge's recent ruling giving Arizona a week to provide gyms a way to apply for reopening.

KTAR says on Wednesday, Ducey filed a notice of appeal and a motion to delay enforcement of Maricopa County Superior Court Judge Timothy Thomason’s ruling Tuesday, in a lawsuit filed by the Mountainside Fitness and EOS Fitness chains.

Court documents show Ducey is asking for that order to be suspended until the appeals court rules.

The court documents state, "Certainly, any potential harm that may result from staying the Order pales in comparison to the harm that will result from the increased spread of COVID-19,” the motion to stay argues.

“… It also pales in comparison to the burdens necessarily associated with the directives in the Order, which will cause an immense diversion of critical and scarce resources at a time when the citizens of Arizona need their public employees to focus on immediate and emerging crises of public health.”

Sources say Ducey argues that Thomason’s order opens the state up to other lawsuits that would hamper the state’s efforts to deal with the coronavirus pandemic.

Ducey’s executive order has no set end date but includes a provision calling to be reconsidered for revision every two weeks starting July 27.

However, Ducey has extended the order once already, and the next review is due by Monday.