ST. LOUIS COUNTY, Mo. — A gym that is openly defying St. Louis County's public health orders has filed a federal lawsuit against the county — the latest in the legal battle between the gym and the county.
The 100-page lawsuit demands a jury trial and lists St. Louis County Executive Sam Page, St. Louis County's acting health director Emily Doucette and St. Louis County Counselor Beth Orwick as the defendants.
"What is at issue, in this case, is that the actions of the Defendants, even if taken in good faith initially, have gone too far and are needlessly infringing upon some of our citizens’ most essential freedoms and liberties which are enshrined in our Constitution," the lawsuit states.
The lawsuit cites that gyms are allowed to open in other parts of the state under Missouri Gov. Mike Parson's "Show Me Strong Recovery Plan."
To read the entire lawsuit:
State Representative Dottie Bailey supports House of Pain owner, Joe Corbett, and his battle.
She's even sent a letter to Gov. Parson with 50 signatures, asking the governor to issue an executive order clarifying to what extent local governments can exceed the statewide orders.
"I'm glad it's going to federal court. I think we'll get more of a fair shot there just being out of St. Louis County. I applaud Joe and House of Pain, he's speaking on behalf of a lot of people," Bailey said.
In court documents, Corbett said if the gyms are shut down, the gross revenue loss in a projected month is about $45,000.
"It's hurting the small businesses so badly. It's been two months, we just need to get the economic engine back," Bailey added.
Last week, the county filed a temporary restraining order against the gym to try to shut down the locations.
House of Pain's two locations in Chesterfield and Maryland Heights both opened May 4, the same day the statewide stay-at-home order expired.
The original temporary restraining order from the county is being considered in federal court.
If granted, it would shut down the gyms immediately.
And 24 hours later, Corbett would have to hand over a list of every person who entered the gyms since May 4. Plus, he would have to pay COVID-19 testing for every single person on that list.
Representative Bailey would be one of the names listed.
"Yeah, I went there, I'd be one of those people and I would fight it all the way; there is no way. It's a privacy issue. I would take that to court myself. That is a retaliatory thing from the county to smack that in our faces," she said.
But what's to come is unknown. House of Pain's fate now lies with the federal court.
Currently, there's no date for the federal court hearing.
So for now, House of Pain gyms remain open.
County Executive Sam Page has declined to comment specifically on this case, saying he does not comment on pending litigation. He has said he will watch how the legal process unfolds.
"I would encourage any business in St. Louis County to get good legal advice about what it means to be operating outside of the laws of St. Louis County," Page said earlier this month.
He has said gyms remain closed because they have a higher potential risk of transmitting the virus.
On Wednesday, Page plans to meet gym owners to work on a safety plan to reopen some locations.
