VENTURA, Calif. - Ventura Judge Henry Walsh found BSF Fitness in contempt of court for 19 violations of injunction.
The injunction, issued September 4, prohibited BSF Fitness from operating an indoor gym facility, according to state and local health orders related to COVID-19. Judge Walsh found BSF Fitness in contempt for having violated the injunction by operating indoors on September 8, 9, and 10.
Judge Walsh denied the demurrer of BSF Fitness today. A demurrer tests the legal sufficiency of a complaint. The gym argued that no valid cause of action was stated. By denying and overruling the demurrer, BSF Fitness now must file an answer to the complaints.
At the hearing, the court ordered BSF Fitness to pay $10,500 in contempt fines and awarded attorney fees to the District Attorney’s Office.
The District Attorney’s Office Consumer and Environmental Protection Unit had previously filed a civil complaint against the gym, alleging unfair business practices due its operation of a gym facility indoors.
This happened while similar businesses in Ventura County either ceased or modified their operations in compliance with state and local health orders related to COVID-19.
Local officials made numerous requests that BSF Fitness comply with the health orders. Despite these requests, they continued to operate indoors in violation of emergency health orders and the injunction.
BSF Fitness' answer to the complaint is due on November 13, 2020. BSF Fitness is required by the injunction to comply with all applicable state and local health orders.