The Arizona Department of Health Services filed a lawsuit against a Scottsdale fitness center that continues to defy state orders to shut down for failing to comply with COVID-19 emergency orders.
On Nov. 25, ADHS issued a closure notice to Self Made Training Facility Scottsdale, citing its refusal to abide by the governor’s executive orders.
The facility, located near 100th Street and Frank Lloyd Wright Blvd., has remained open throughout the pandemic despite an order issued in June requiring all indoor gyms and fitness centers to shut down.
Ducey’s order remained in effect until early August, when a Maricopa County judge ruled the state must give gyms the opportunity to apply for reopening.
That resulted in new opening guidelines and requirements from ADHS.
According to those new rules, gyms and fitness centers must sign an attestation form committing to abide by the department’s health and safety mitigation guidelines.
Mahaffey, the gym owner, has not signed an attestation form, according to ADHS.
On Dec. 1, ADHS asked Superior Court for a restraining order against Mahaffey and Self Made Training Facility Scottsdale.
“The facility’s owner has the right to request an informal settlement conference to agree to terms for reopening in compliance with the Executive Order,” ADHS spokesman Steve Elliot said.
Mahaffey did not respond to a request for comment.
But, in statements to police and a series of posts on the business’ Instagram page over the past several months, the fitness club owner has made it clear he has no intention of shutting down.
“I’m staying open because it’s my Constitutional right to stay open…I’m staying open because I have trainers and members that rely on business to be open as their main source of income, to put food on their table,” Mahaffey said in a post on July 31.
According to police reports, Mahaffey told Scottsdale officers he believes the governor’s order does not apply to his business, arguing it is not a gym but a private, membership-based training facility.
However, local law enforcement officials disagreed.
“(Deputy City Attorney Luis Santaella) advised me that Self Made Training Facility was considered a gym under the order and should be closed,” according to a Scottsdale Police report.
Thus far, legal threats have not impacted Mahaffey’s decision to stay open.
Mahaffey has received over 30 criminal misdemeanor citations from Scottsdale Police, according to case information available on the City Court’s website.
Mahaffey said in an Instagram post on Aug. 11 he plans to fight the charges shortly after a hearing on the first 11 charges.
In that post, Mahaffey said he could face a maximum of 5-1/2 years in prison and $27,500 fine if found guilty of those charges.