WABAHA, Minn. – A judge delayed a decision whether the state is reasonable in closing gyms because of the pandemic. Judge Christopher Nelson of Wabasha County District Court took the issues under advisement after hearing arguments. Without an order from the judge for Brandon Reiter to close his Plainview Wellness Center, the gym can remain in operation. Papers filed by Attorney General Keith Ellison argued for a restraining order against the gym, noting that the state Health Department had traced 49 COVID outbreaks and 750 cases to gyms. Representing the gym, attorney Vincent Fahnlander claimed the state’s argument that gyms are a significant problem has been debunked. Fahnlader said the ban on gyms violates Brandon Reiter’s constitutional rights to be treated he same as other businesses with indoor facilities in which people are allowed to gather.

Earlier: Gym owner online to resist state closure

At issue

Executive Order 20-99 was issued November 18 by Governor Tim Walz. The order banned multi-household gatherings and closes gyms, fitness studios, entertainment venues, event spaces, and similar establishments with people in close proximity. The order is n effect four weeks, to December 18, in an attempt to stem the mushrooming coronavirus pandemic. The state has had 322,000 cases to date and 3,600 deaths.