ST. LOUIS COUNTY, Mo. — St. Louis County filed a lawsuit Monday against the owner of a gym that is open for business, defying the county's public health order that gyms and fitness centers remain closed.
Attorney Chris McDonough represents Joe Corbett, who is the owner of the House of Pain in Maryland Heights and Chesterfield. In a Facebook post Sunday, Corbett says staying open is a right for his members and for small businesses.
The lawsuit requires Corbett to shut down the gyms. It's also asking a judge to order Corbett to turn over the names and contact information for all of the gym members who've been inside.
Besides handing over names, the county is also asking a judge to order Corbett to pay for the costs of COVID-19 testing for every individual on that list.
"They want to do contact tracing, they want my guy to pay for contact tracing. There is no legal authority whatsoever," McDonough said in a phone interview with 5 On Your Side.
McDonough said he believes the gyms should stay open since the state's order allows gyms to open up. He said the county's order is inconsistent with the state.
"He's taking a stand for his employees, for his members, and all the other small business owners who are being crushed by the government right now," McDonough said.
McDonough released this official statement:
"Today, an out of control St. Louis County Executive and County Counselor continued their assault on small business owners by filing a punitive retaliatory lawsuit against a business that has done nothing wrong
The County Executive’s arbitrary and capricious efforts to close gyms are wholly inconsistent with the Director of the Missouri Department of Health’s April 27, 2020 order, Missouri’s Show Me Strong Recovery Plan, and the President’s Opening America Up Again Guidelines.
Individual liberty is under attack in St. Louis County. But we are confident the rule of law, and freedom, will ultimately prevail.
My clients did not pick this fight. But they won’t back down."
A spokesperson for County Executive Sam Page's office said the county does not comment on pending litigation.
“We’re going to let the court system work,” Page during his briefing Monday morning.
Page said the county will be consistent on how it handles violates of the orders.
“We have 30,000 businesses in St. Louis County, we will occasionally have those that don’t want to follow our advice and instructions,” Page said.
The temporary restraining order filed by St. Louis County:
A letter from the gym's attorney to St. Louis County: