Missouri county officials want a gym owner to pay for visitors' coronavirus tests after he reopened it during lockdown

• St. Louis County sued a local gym that reopened despite a stay-at-home order.
• The county also asked that the gym provide a list of visitors and pay for their coronavirus tests.
• The gym has argued that the county's actions were "unconstitutional," and questioned why other businesses — such as big-box retailers — were allowed to open while gyms were deemed "nonessential."
• Some lawmakers have had sympathy for the gym and even visited the facility for workouts in recent days.
• Health experts have said the health benefits of workouts are important to consider, but also noted that gyms can be challenging when it comes to preventing the spread of contagious diseases.
• A lawyer representing the gym has said the facility is "observing proper physical distancing, cleaning, and sanitization protocols."
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Officials in St. Louis County, Missouri, have sued a local gym that defied a stay-at-home order, asking it to provide the names of everyone who worked out there and pay for the cost of their coronavirus tests.

The county filed the lawsuit on Monday against the House of Pain gym in Chesterfield, roughly a week after issuing a notice ordering the facility to close immediately or its owners could face misdemeanor charges.

A lawyer representing House of Pain responded in a letter calling the county's actions "unconstitutional," arguing that the gym's owners "have every right to operate their business and they will continue to do so while voluntarily observing proper physical distancing, cleaning, and sanitization protocols."

The letter alleged that the county's stay-at-home order violated the gym owners' First Amendment rights to freedom of assembly and their 14th Amendment right to due process and equal protection. The letter also questioned why the state had deemed some businesses essential — such as big-box retailers — while forcing gyms to remain closed, despite the health benefits of regular exercise.

"Are 75" 8k UHD televisions more essential than maintaining physical fitness and a healthy weight?" the letter said.

Some lawmakers have sided with House of Pain, visiting the gym for workouts

St. Louis County's stay-at-home order forced all nonessential businesses to halt all activity except for "minimum basic operations" and activities that employees could perform from home.

St. Louis County is set to lift stay-at-home measures and reopen some nonessential businesses on May 18 — but gyms are not included, according to St. Louis Public Radio.

The county's lawsuit demanded a full list of every person who entered House of Pain since March 19, along with contact information to provide to the county's contact tracers, according to the St. Louis Post-Dispatch. The lawsuit also sought to have the gym pay for the testing costs of every person on the list.

But even some lawmakers have sided with House of Pain — Democratic State Sen. Maria Chapelle-Nadal and Republican State Rep. Dottie Bailey visited the gym for workouts and said employees took health and safety precautions such as taking temperatures and asking questions before members were allowed to enter.

Court records show that the St. Louis County lawsuit has sought a temporary restraining order from a judge that would shutter House of Pain's Chesterfield location, as well as a second location.

An initial hearing via video conference is scheduled for Wednesday afternoon.

The gym's owner says county officials are 'ruling with a heavy hand'

House of Pain's owner, Joe Corbett, said in a Facebook video May 10 that he intends to keep his gym open and will not comply with the county's orders.

"We feel that definitely this is an overreach, and we feel like they're ruling with a heavy hand here," he said. "And we're doing what we feel is right for a small business and right for our members and the people we serve."

Health experts have said the mental and physical health benefits of workouts are important to consider, but gyms can also provide challenging environments when it comes to preventing the spread of contagious diseases, according to The New York Times.

For instance, gyms are often enclosed spaces where it can be difficult to maintain physical distance from others. Experts have also raised concerns that heavy breathing during intense exercises can produce respiratory droplets, and have noted that certain pieces of gym equipment can be difficult to sanitize.

Some gyms, like House of Pain, have said they intend to implement physical distancing and sanitization measures when they do open — such as limiting capacity, ramping up cleanings, and even marking the floors to show members how to space themselves six feet apart.