Fitness centre in B.C.’s Okanagan that flouted COVID-19 rules ordered to close

A health centre in West Kelowna, B.C., that brazenly defied COVID-19 public well being orders has been ordered to shut, however one in every of its house owners vows it would keep open.

B.C. Supreme Court Justice Christopher E. Hinkson granted Interior Health’s request for an injunction in opposition to Iron Energy Gym on Friday afternoon, following months of alleged rule-breaking by the ability.

According to the well being authority’s lawsuit, Iron Energy has repeatedly ignored COVID-19 orders since mid-September – when the province’s vaccine card program was launched – by refusing to verify purchasers’ proof of vaccination.

Interior Health additionally acquired quite a lot of complaints that the gymnasium ignored B.C.’s masks mandate, and remained open regardless of a province-wide closure order for health services issued in December.

“The Defendants have and are persevering with to willfully contravene the Closure Order, the Public Health Orders, and the Public Health Act,” the discover of civil claims reads. “The conduct of the Defendants is, amongst different issues, placing the well being and security of the general public at critical danger.”

The lawsuit names the gymnasium, eight house owners and administrators, and the storage firm that owns the property the place Iron Energy is positioned.

In a social media put up, co-owner Brian Mark defended the gymnasium’s choice to flout public well being orders.

“People which might be coming to our gymnasium have the correct to decide on what they put of their physique, have the correct to put on a masks or to not put on a masks,” he mentioned on Thursday. “We’re staying open in order that our members can train, can work on their bodily and psychological well being. Now the argument that they are making in courtroom … is that we’re a hazard to public well being once we’re the explanation that individuals are staying wholesome.”

Before Interior Health launched the lawsuit, it had ticketed the gymnasium 21 instances, issuing a complete of $7,245 price of fines for non-compliance of the assorted orders.

Hinkson’s choice referenced one other choose’s earlier injunction order in opposition to a Hope restaurant that also failed to abide by public health orders.

“On the appliance earlier than me, it’s not the courtroom’s position to second guess the selections from public well being officers in respect to what actions represent a danger to the folks of British Columbia,” Hinkson mentioned. “Iron Energy has breached the closure order by failing to shut its gymnasium.”

Two hours after the choice was handed down, Mark posted a 16-minute-long video arguing he and the opposite defendants have been “railroaded” from the start, saying they solely had a few days to arrange earlier than the case went to the choose.

“We have been denied pure justice,” he mentioned in his Instagram put up.

It was an argument their defendants’ lawyer additionally made when asking the choose to adjourn the listening to.

The gymnasium’s lawyer, Terry McCaffrey, argued the lawsuit and supporting paperwork have been dropped off to the gymnasium’s reception desk and didn’t present the paperwork till after the Order of Short Notice was granted.

“All of the defendants have been denied pure justice, procedural equity or different procedures required by legislation with the scheduling of the plaintiffs’ utility earlier than the courtroom because the defendants have been denied,” he wrote in his response to the well being authority’s utility.

Mark additionally incorrectly said the closure order violated the Canadian Constitution, and that’s the reason they refuse to observe it.

“We are pro-choice,” he mentioned. “We’re happy with that and it’s disappointing that we didn’t get the prospect to make the argument in courtroom.”

He additionally doubled down and mentioned the gymnasium will proceed to take a stand in opposition to the general public well being orders and plans to sue Interior Health.

“Guess what? We have been ordered to shut earlier than too, the one distinction is now it is coming from the courtroom versus Interior Health. But it is the identical closure order and we’re nonetheless right here,” he mentioned. “You guys prepared for this? So we’re opening a counterclaim and we’re coming after Interior Health for issuing us a closure order.”

The gymnasium has not responded to CTV News Vancouver’s requests for remark.

Both Interior Health and Public Safety Minister Mike Farnworth mentioned they won’t be commenting on the case as it’s earlier than the courts.