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SOMERVILLE, MA – The parent company of a Somerville gymnasium is suing Governor Charlie Baker over continued health club closures. World Gym, Inc., which operates Assembly Sports Club in Assembly Row, has filed a lawsuit in U.S. District Court in Boston, alleging that the ban violates the rights of the company’s Fifth and Fourteenth Amendments. The lawsuit also argues that gyms are an essential service, given the “known benefits of exercise for physical and mental health.”
A similar lawsuit was filed in U.S. District Court last month on behalf of gym owners in Danvers, Chelmsford, Lowell and Springfield.
The lawsuit states in part:
“The Fourteenth Amendment to the Constitution of the United States provides in the relevant part: No state shall make or apply any law which abridges the privileges or immunities of citizens of the United States; no state should deprive a person of life, liberty or property. , without due legal procedure, nor denying any person under its jurisdiction the equal protection of the laws.
The Fifth Amendment to the United States Constitution provides in a relevant part: No one shall be… deprived of his life, liberty or property without due legal process; and private property will not be taken for public use without fair compensation. “
“These uncompensated foreclosures violate the Fifth Amendment’s levies clause, made applicable to states by the Fourteenth Amendment, and also violate well-established notions of due process and substance,” argues the lawsuit.
World Gymnasium noted he has been “deprived of the value of his tangible property and facilities while the decrees are in force”, and his gymnasium has been “emptied” of its economic value following an “unconstitutional take without fair compensation” . Assembly Sports Club cannot be bought, sold or rented to recover lost revenue during that time, according to the lawsuit.
World Gym has had to lay off all of the club’s 33-strong staff and has not been able to pay its owner the monthly rent of $ 47,000 since the end of March, according to the lawsuit. The company is looking for the possibility of opening immediately and wishes to obtain damages, penalties and attorneys’ fees arising from its closure.
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