Sacramento gym owner relents, won’t open doors during shutdown. ‘Sad day for freedom,’ he says

The treadmills and weight machines will sit idle a while longer.

Facing threats of misdemeanor charges from at least one law enforcement agency, a health club owner Thursday backed off his vow to defy the coronavirus stay-at-home orders and reopen three gyms in greater Sacramento. He said he will sue state and local officials instead.

“It is a sad day for freedom,” Sean Covell, owner of three Fitness System gyms in the area, wrote in an email to club members Thursday afternoon, just hours before he planned to reopen the facilities.

“Our attorneys have taken over at this point,” he wrote. “We appreciate the overwhelming support we have had from you all. We will NOT STOP fighting for your rights — we are now in court fighting for them.”

Covell had planned to reopen his Lodi and West Sacramento gyms at midnight Thursday night, and the location in Sacramento’s Land Park neighborhood early Friday morning.

But the San Joaquin County counsel, Mark Myles, said he warned Covell’s lawyer Thursday against reopening in Lodi. “We sent them a letter ... that put them on notice that opening the health club is a violation of the existing (shutdown) orders and that would subject them to criminal and civil penalties.”

Myles said Covell could have been fined up to $1,000 a day for a criminal misdemeanor. Lodi police planned to be on hand for the scheduled reopening of the gym, said city spokesman Jeff Hood.

Yolo County sent its own letter to Covell’s lawyer about the West Sacramento location, a county spokeswoman said.

Earlier in the day, Covell told The Sacramento Bee that he didn’t “anticipate a problem” with police. He was encouraged that Sacramento police officials had told Fox 40 news that they didn’t plan to interfere with businesses ignoring the COVID-19 orders and more interested in shutting down house parties and motor vehicle “sideshows.”

A Sacramento police spokesman said Thursday the department stood by that earlier statement and referred questions to City Hall about violations by businesses.

“I am not committing a crime,” Covell, a Libertarian, told The Bee. “The governor is asking my children to starve.”

Officials in multiple cities and counties have ramped up pressure on Newsom to rescind or relax his order. Placer County is letting its order expire this weekend, although it would continue to follow the state’s order. El Dorado County has allowed its order to lapse.

Newsom continues to say that most of the economy must stay closed for the time being. He also announced Thursday that he’s temporarily closing Orange County beaches after throngs of people congregated on a few beaches there last weekend.

Police: ‘Educate and promote social distancing’

Covell’s pledge earlier this week to reopen his gyms sent law enforcement officials scrambling for a game plan.

West Sacramento police Lt. Eric Angle said his department would leave enforcement up to Yolo County officials. “Our stance has always been to educate and promote social distancing,” he said.

Jenny Tan, a spokeswoman for Yolo County, said the West Sacramento club could have face legal sanctions. But earlier in the day, she said the situation was fluid and said, “We kind of need to play this by ear.”

In Lodi, police officers were prepared to issue citations to club management and warn club members that they, too, could face legal action if they entered the gym, Hood said.

Lodi police engaged in a standoff earlier this month when the pastor of Cross Culture Christian Center tried to hold Palm Sunday services in defiance of the order. The pastor backed down when the church’s landlord padlocked the building and police allowed the pastor to offer blessings to congregants who drove up in their cars. The church is suing the state.

Covell said he’d received a slew of negative reactions about his plans to reopen his gyms, but not from his club members. “All the hate emails I’ve gotten, none of them have been (from) members,” he said.

Separately, a lawyer representing franchisees that operate three other Fitness System gyms in Lincoln, Rio Linda and Woodland has said his clients will challenge the stay-at-home orders in court, too. But they will keep their gyms closed in the meantime.

This story was originally published April 30, 2020 at 11:45 AM.