HomeMy WebLinkAboutItem 1 - 12-17-2020 Kennedy Club Fitness Appeal of Cite 23148v_ s 2017
RECEIVED
Administrative Citation Appeal For DEC 17 2020
This request to appeal must be received by the City Cl rk L0 I y CLERK - within 10 days of date of the citation to be considered timeeefiy t
Please submit any suppo ing documents or photos with this form.
1. Appellant. Mr./Mrs./Ms. Name re (/V fj lAe-o
Phone __°3 _ Email s44iltit,Oav S40.cov%
Mailing Address 353q [ CG w lti vW
City _4 n State Zip Code of 3gZZ
If Applicable)
Business Name " C( e
Business Licp.nse # f ! C) l y /
2. Interest in Citation. (Place X in front of selection)
A. Charged personally B. Charged as the
owner of the property
3. Administrative Citation. Date of Citation _( 21&1 2V
XC. Acting as the legally authorized Agent
of the cited business or homeowner
Citation Number o' 3-We
Address of property cited or location where an individual was cited:
Citation Address ell
City _ _ _: o iw State —C-/—L-- Zip Code _ 3g0l
Municipal code section(s) violated:. Z)o
Code violation(s) being appealed: _ 9 . XI 1100
4. Reason for appeal.
Give a brief statement of why you are appealing and why the notice of violation/administrative citation
should be revoked, modified or otherwise set aside. The AMOUNT of the fine cannot be reduced on
appeal. Attach additional sheets as necessary. Any documents or photos you wish to submit in support
of your appeal should be included with this form. (number of sheets attached
s,t A"W bd t;i, .
Questions about this form or the appeal process?
Contact the City Attorney's Office at Room 10, City Hall (990 Palm Street) or (805)781-7140
Administrative Review Board Meeting of 2/9/2021
Item 1 - 12-17-20 Appeal of Cite 23148
Page 1
Administrative Citation Appeal Fora
L
Questions about this form or the appeal process?
Contact the City Attorney's Office at Room 10, City Hall (990 Palm Street) or (805)781-7140
5. Election of Appeal Process.
Note: All Administrative Citations written for violation of Title 15 of the Municipal Code (building and
related codes), even if other code violations are also cited, will be automatically heard by the Construction
600rd of Appeoi . Election of Hearing Officer review is not valid and your check for $281 must accompany
this appeal form.
For Administrative Citations that do not charge a violation of Title 15, you must make a choice of an
appeal process. (1) At no charge, you may choose an expedited, less formal appeal process of review by
a Ffet Officer, whose final decision may be appealed directly to the superior court for de novo review
pursuant to Government Code Section 53069.4. (2) However, if you wish to retain your right to challenge
the Administrative Citation, or any final city action related to the citation, in court by any writ action, you
must appeal to the Administrative Review Board far a more formal, comprehensive hearing to ensure
preparation of an adequate administrative record, and pay an appeal fee of $281.
Only one appeal process may be chosen, and once chosen, the election is final. Failure to make a
selection will result in the appeal being assigned to a Hearing Officer for review and will constitute a
failure to exhaust administrative remedies for purposes of any subsequently filed writ action.
I have read the above and choose: (Place X in front of selection)
A. My administrative citation includes a Title 15 violation requiring review by the Construction
Board of Appeals. My check for $281 is enclosed
B. More formal appeal to Administrative Review Board. My check for $281 is enclosed.
C. Expedited appeal to Hearing_ Officer
6. Election to forego an in -person hearing.
It is your right under San Luis Obispo Municipal Code Section 1.24, no matter which appeal process is
chosen, to have an in -person hearing. If you choose, you may forego this right and have your appeal
reviewed on the record, which will include all documents you submit and all those provided by the City.
By checking this box I am indicating I do not want an in -person hearing
7. Truth of Appeal. I declare under penalty of perjury that all of the facts stated in this appeal are true and
that this appeal form was signed on: 2-'0 at
Date City State
If different from the address in Paragraph 1, the official mailing address to receive further notices from
City relating to the appeal is:
Street Address City State Zip
oil A _.
Sign atu .e/p ellant Print n me of Appellant
Mail or Deliver in person to:
City Clerk's Office, 990 Palm St., San Luis Obispo, CA 93401
Administrative Review Board Meeting of 2/9/2021
Item 1 - 12-17-20 Appeal of Cite 23148
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Cunningham
Law GROUP
December 17, 2020
Administrative Review Board c/o:
City of San Luis Obispo
Community Development
919 Palm Street
San Luis Obispo, CA 93401
Re: Appeal of Citations Issued to Kennedy Club Fitness
To Whom It May Concern:
1830 Spring Street
Paso Robles, CA 93446
805-369-2399
shauna@IawSLO.com
jordan@IawSLO.com
FAX: 805-369-2388
Our firm represents Kennedy Club Fitness ("KCF"). This letter constitutes our notice of
appeal and appeal of the citations issued by the City of San Luis Obispo ("City") on December 8,
2020.1 Attached to this letter is an "Administrative Citations Appeal Form," which elects an in -
person hearing before the Administrative Review Board, and a check for the appeal fee of $281.
At the outset, KCF would like to state that it remains committed to the health and safety
of its customers that choose to improve their physical and mental health in our facility. In
asserting its rights and making the arguments below, KCF does not intend to imply that it does
not take the COVID-19 pandemic seriously. Safety of our customers is top priority. To that end,
KCF has implemented — and will continue to implement best health and safety practices —
including, but not limited to, thorough sanitization of facilities, social distancing, and ensuring
that all KCF employees wear face coverings while at work.
Issues_Pi-esented On Anneal
This appeal raises a number of important issues, some of which go to fundamental roles
of government entities, core principles of formation and application of statutory law, and
constitutional due process safeguards. These issues include:
1. Whether a business entity can be punished for alleged violations of a city
ordinance containing potential criminal sanction, without actual proof or evidence
of violation of either element of that ordinance.
2. Whether the City can disregard the legal requirement to pass an actual law or
issue an emergency order that clearly proscribes conduct, before citing persons for
violations.
3. Whether the Due Process Clause and the Equal Protection Clause of the U.S.
Constitution allows for the deprivation of property without actual proof or
I This appeal is timely filed within ten days of the notice of violation and citation, which was on
December 8, 2020.
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Item 1 - 12-17-20 Appeal of Cite 23148
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evidence of the elements of the ordinance; i.e., whether a person can be presumed
guilty based upon a speculated, hypothetical risk.
As will be explained below, the answer to each of these questions is in the negative. A
negative answer to any one of the questions is enough, by itself, to warrant dismissal of all
citations. Cumulatively, the negative answers compel dismissal.
KCF Did Not Violate Either Element of Municipal Code Section 2.24.100(b).
The sole legal basis for both citations are alleged violations of San Luis Obispo
Municipal Code Section 2.24. 1 00(b).
Municipal Code Section 2.24.100(b) states as follows:
Emergency Services. Violation -Penalty. It shall be a misdemeanor, punishable by a
fine not in excess offive hundred dollars or by imprisonment for a period not to exceed
six months, or both, for any person, during an emergency, to:
B. Do any act forbidden by any lawful rule or regulation issued pursuant to this
chapter, if such act is of such a nature as to ... imperil the lives or property of
inhabitants of this city, or to prevent, hinder or delay the defense or protection
thereof. " (Emphasis added.)
A violation of Section 2.24.100(b)2 thus requires proof of two elements:
1) the alleged violator did an act forbidden by a "lawful rule or regulation
issued pursuant to this chapter,"
IF
2) that act was "of such a nature as to imperil the lives" of city inhabitants.
a. KCF did not commit any act forbidden by any "lawful rule or regulation."
To prove the first element of this ordinance, the City must prove that KCF did an act
forbidden by any lawful rule or regulation issued pursuant to this chapter."
The citation's "description of violation" states as follows:
Emergency Services. Violation -Penalty. Violation of required social distancing and
reopening guidelines via state executive and public health orders and Resolution 11106
2020 Series), adopted pursuant to SLOW Ch. 9.22."
Z KCF hereby requests that the Administrative Review Board take judicial notice of the San Luis
Obispo Municipal Code, pursuant to Evidence Code Section 452(b).
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Item 1 - 12-17-20 Appeal of Cite 23148
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The City thus predicates its claimed violation on Resolution No. 11106. But resolutions,
by definition, are not laws or regulations. They do not therefore constitute a "lawful rule or
regulation" as contemplated by Section 2.24.100.
Resolution No. 11106 (April 7, 2020) essentially proclaims the continuing existence of a
local emergency and contains a number of recitals pertaining to the state of emergency.'
But it is well -established in the law that resolutions are not laws or regulations. "The
enactments of a city's legislative branch are known as ordinances and resolutions. Strictly
speaking, there is a difference between the two. An ordinance in its primary and usual sense
means a local law. It prescribes a rule of conduct prospective in operation, applicable generally
to persons and things subject to the jurisdiction of the city. 'Resolution' denotes something less
formal. It is the mere expression of the opinion of the legislative body concerning some
administrative matter for the disposition of which it provides. Ordinarily it is of a temporary
character, while an ordinance prescribes a permanent rule of conduct or of government." Central
Manufacturing District v. Board of Supervisors (1960) 176 Cal App. 2d 850 (citation omitted).
Thus, the difference between a resolution and an ordinance is substantive — both under
case law and by "deliberate legislative definition" — and cannot be disregarded. Sausalito v.
County of Marin (1970) 12 Cal. App. 3d 550, 565-566. "A resolution is usually a mere
declaration with respect to future purpose or proceedings of the board. An ordinance is a local
law which is adopted with all the legal formality of a statute." Id. (citations omitted).
That Resolution No. 11106 is indeed a resolution is plainly evident from its language and
structure. First, it is entitled a "Resolution." Second, the preamble uses the language consistent
with a declaration by the City regarding a temporary condition (e.g., "a resolution of the city
council proclaiming the continuing existence of a local emergency ..."). Third, it contains
Whereas" clauses and "recitals" of various conditions related to the COVID-19 pandemic, like a
typical local resolution.
As such, Resolution No. 11106 simply does not constitute a "local law," "adopted with
all the legal formality of a statute." Marin, 12 Cal. App. 3d at 566. Therefore, it is not a "lawful
rule or regulation" within the meaning of Section 2.24. 1 00(b).4
3 The City did not include a copy of Resolution 11106 with its notice of violation. After a
diligent search online, counsel was unable to find a published copy. Furthermore, Government
Code Section 8630 requires that "[t]he governing body shall review the need for continuing the
local emergency at least once every 60 days until the governing body terminates the local
emergency." Resolution 11106 was adopted April 7, 2020. At the time of this writing, it is
unclear whether the City has reviewed the need for a continuing local emergency once every 60
days, as required by Gov. Code 8630.
4 Furthermore, even if the resolution was somehow construed to be a "local law," it contains no
language whatsoever prohibiting indoor gym operations.
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If the City wishes to fine people for violating an actual law, it should pass an ordinance
that clearly delineates the proscribed conduct, and then provide proof of that conduct. It has not
done so here.
Government Code Section 8634 provides that "[d]uring a local emergency the governing
body of a political subdivision ... may promulgate orders and regulations necessary to provide
for the protection of life and property." Gov. Code Section 8634. "Such orders and regulations.
shall be in writing and shall be given widespread publicity and notice." But the City has not
issued any order or regulation "necessary to provide for the protection of life and property"
relating to indoor exercise facilities, or face coverings, or social distancing — or given any such
order or regulation widespread publicity and notice. For the reasons above, the City cannot rely
on its resolution to avoid this statutory requirement, and it cannot hold KCF liable for violating
an emergency order or regulation that does not exist.
b. KCF did not commit any act that imperiled life, or prevented, hindered or delayed
the defense or protection of life.
Nor can the City show that KCF has violated the second element of Section 2.24. 1 00(b).
To prove the second element of this ordinance, the City must prove that KCF's allegedly
violative act was "of such a nature as to ... imperil the lives or property of inhabitants of this
city, or to prevent, hinder or delay the defense or protection thereof."
Allowing patrons to choose to exercise at the KCF facility hardly "imperils" life. To the
contrary, it contributes positively to their physical and mental well-being. See, e.g., Exhibit A
collection of testimonials published in local media). The personal health and immune system
benefits from exercise are well -established in scientific and medical literature.
As a factual matter there is absolutely no evidence that anyone contracted COVID-19 at
the KCF facility. There are zero (0) documented COVID-19 cases arising from the KCF facility,
much less an outbreak, and even much less a potentially fatal outbreak. Thus, the City is relying
on mere speculation — not actual evidence — that persons at KCF are a danger to themselves or
anyone else.
The fact that KCF has not contributed to the spread of COVID-19 is corroborated by
statements from the San Luis Obispo County Public Health Department. The SLO Public Health
Department recently acknowledged that no COVID cases have been traced to fitness facilities:
5 See lit
Exhibit
I] t's generally not possible to say definitively that the fitness facility was the source of
their infection ... we haven't traced any cases specifically to fitness facilities.115
Emphasis added.)
7400445.html (attached hereto as
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Absent some actual evidence that KFC committed an act that imperiled life or prevented
the defense of life, the City cannot prove the second element of Section 2.24.100(b) either. The
citations should be dismissed.
The Citations are Unconstitutional.
a. The citations violate the Due Process Clause.
Under the Fifth and Fourteenth Amendments to the U.S. Constitution, all persons are
entitled to due process. Although courts owe some deference to authorities promulgating public
policies in the face of a health crisis, no court has ever said that authority was unfettered or
unreviewable. The exercise of that authority must comport with the fundamental rights
guaranteed by the Due Process Clause. See Jacobson v. Massachusetts (1905) 197 U.S. 11, 28
states might exercise emergency powers "in such an arbitrary, unreasonable manner, or might
go so far beyond what was reasonably required for the safety of the public, as to authorize or
compel the courts to interfere for the protection of such persons.").
Under California law, when executive branch agencies act in a legislative capacity, courts
evaluate whether the challenged agency action has been "arbitrary, capricious, entirely lacking in
evidentiary support, or unlawfully or procedurally unfair." Carrancho v. California Air
Resources Bd. (2003) 111 Cal. App. 411' 1255, 1265 (emphasis added).
As stated above, the argument that indoor fitness center operations are a threat to public
health is devoid of any proven evidentiary support. The City relies on pure speculation and
conjecture. The City has presented no evidence.
This is particularly problematic here, given that the City engaged in no fact-finding
process to determine that KFC posed a danger or risk to anyone. The City simply assumes that
KCF is imperiling life, without evidence. That violates basic due process protections under the
Constitution.6
b. The citations violate the Equal Protection Clause.
Under the Fifth and Fourteenth Amendments to the U.S. Constitution, all persons are
entitled to equal protection of law. Any government classification must be "based upon some
reasonable ground — some difference which bears a just and proper relation to the attempted
classification — and is not a mere arbitrary selection." Gulf, Colorado & Santa Fe Railway Co. v.
Ellis (1897) 165 U.S. 150. At a minimum, the "challenged classification [must be] rationally
related to a legitimate governmental purpose." Kadrmas v. Dickinson Public Schools (1988) 487
U.S. 450.
The governmental legitimacy of maintaining public health during the COVID-19
pandemic cannot be questioned. However, the state's health guidance (which the City is
apparently seeking to enforce through adoption of a resolution) is irrational and arbitrary.
6 Also, the City may be relying on "evidence" obtained without a warrant, in violation of the
Fourth Amendment.
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For example, under the state's current orders, permitted activities include some personal
care services deemed "essential," shopping in some types of retail stores, shopping in "big box"
stores, and shopping in indoor malls. Non -permitted activities allegedly include indoor fitness
centers such as gyms and yoga studios (regardless of social distancing, masking, and sanitization
practices).
So, someone can shop in a big box store, a liquor store, or a grocery store — indoors —
queued up in a line interminably. But someone cannot exercise in a sanitized, well -ventilated
indoor fitness facility, 8 or more feet away from another person. There is no rational, scientific
basis for these classifications.7
Conclusion
For the foregoing reasons, and others to be presented at the formal hearing before the
Administrative Review Board, KCF has not violated Municipal Code Section 2.24. 1 00(b). All
citations should be dismissed. At a minimum, should the Board uphold any of the citations, the
fines should be reduced to the statutory amount of $500 per violation per the ordinance, because
the City never passed an actual law increasing the fine to $1000 per violation.
Sincerely,
GHAM LAW GROUP
7 The arbitrariness of the state guidance is highlighted by SLO County's recent ping-ponging
within the state's "reopening" framework. From September 22, 2020, to November 16, 2020,
SLO County was in the "red tier" and therefore fitness centers were allowed to have patrons
exercising indoors without question. (There were no COVID cases traced to fitness centers
during this time period.) On November 17, SLO County was forced backed to the "purple tier"
by the state, solely based upon positivity rate among the population (not hospitalization rates, not
hospital or ICU capacity) — despite having ample ICU and hospital capacity. As of December 6,
SLO County is now under a regional "stay at home" indefinitely because of low ICU capacity in
the entirety of the "Southern California" region — a region of 23 million people that includes Los
Angeles County. This is despite SLO County, at the present time, having more than double the
ICU capacity the state requires to remain in the color tier system.
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EXHIBIT A
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To the editor.
I am a 74-year-old woman who is a member of Kennedy Club Fitness in Paso Robles. In March I was
in the hospital and when I returned home I was greeted by the Covid shutdown order. My family was
concerned for me so brought me food, sent care packages, and talked to me on the phone. It didn't
work! I'm a social person and need interaction with others.
I began to decline and become very depressed. My doctor said I needed to get some exercise. My
granddaughter worked at Kennedy and told me about the Aqua Aerobics class. They were open and so
I tried it. I met some really great people my age and became part of a group that is supportive and fun.
I began to enjoy my life again. I started trying other classes — Yoga, Pilates, and Prime Time. My doctor
is amazed at how things have changed for me physically and mentally. I'm happy and healthy! All the
classes and people and instructors are very careful and everything is sanitized after each class. We all
wear masks and social distance. I have not heard of one person in my group, or the whole gym for that
matter, having contracted Covid! Since March!
If the gym closes and I have nowhere to work out, and as importantly nowhere to socialize with my
friends, I will be lost! Let me restate — not one case of COVID from this gym since March! Do we really
want to shut down a place that keeps people healthy and happy during this horrible time!
Keep Kennedy open!
Roberta Burgh
Paso Robles
Administrative Review Board Meeting of 2/9/2021
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To the editor,
I have been with Kennedy for quite a few years, but have really gone strong since 2014 when I was
retired.
Before COVID, I averaged 4 to 5 times a week and really missed it when we shut down in April. Having
both of my knees replaced I really need to come and work out in the water, this movement helps the
arthritic joints In my body. A year ago I was diagnosed with blockage In my heart and my doc said to
keep moving or have a stroke another reason to come to the pool. You don't just find healthy physical
activity but it helps with your mental Heath as well. Encouragement comes from your classmates as
well as your instructors. Being a regular we are there to check on one another, important fact as we
age. Please keep us open we all need it and depend on it. The club does a fine job keeping us all well
and safe.
Thank you,
Margaret Oliveira
A 71-year-old active member
Administrative Review Board Meeting of 2/9/2021
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To the editor,
My Aqua Aerobics history spans 22 years and has been instrumental to effectively eliminate all back
pain I was experiencing prior to beginning this therapy. This continued and consistent exercise has
resulted in my being in excellent health to the point that I don't get sick and have not once contracted
the flu during this time. Members wear masks walking to the pool and some continue to wear them in
the pool.
Employees are exemplary in their sanitation practices effectively wiping customer contact surfaces
including equipment handles and doorways. Scheduled exercise classes (beyond Aqua Aerobics)
distance members by no less than 10 feet including my formally indoor classes which have been
relocated to the outside basketball court. Inside stationary bicycle classes are now held outside as well
with the same distancing. Our weather in California allows members to exercise outside, in a purposely
safe Covid-19 manner. Closing Kennedy Club Fitness and other health club memberships would not
serve the best interests of the residents of California.
Glenda Goulet
Administrative Review Board Meeting of 2/9/2021
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To the editor,
Essential; to make perfect, complete, pure, necessary. As an avid outdoorswoman and social animal,
who has been an active Kennedy's member since 2002, there was not much to make me feel complete
during the March thru June quarantine. I attempted lonely walks thru the country roads in Creston only
to return home to find calm and comfort in Cheetos and ice cream. A tall order and it did not fulfill me.
Then, a ray of hope!! I heard that some of my aqua buddies were walking Tues and Thurs at Centennial
park!! Yippee! I quickly joined them and the empty hole in my heart began to fill, Then, another bright
light in late May!! Someone had spotted activity at the pool at Kennedy! Could it be true?! I used my
detective skills and raced over to find Keith and Tiffiny who were working on a plan to open the pool. In
June the pool opened, limited access to indoors was opened and I discovered calm and happiness
again!
What is essential may be invisible to the eye but it shines quite brightly in the human heart. Please
consider Kennedy's an essential business!"
Victoria Mehalick
Administrative Review Board Meeting of 2/9/2021
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To the editor,
Kennedy Gym — Essential business — serves the senior population with water aerobics and small group
exercise classes. Not only is exercise essential but social interaction for people of our age. I believe we
act responsibly and not endanger fellow members of the gym or our community. Keep Kennedy open!
Terry Hensley
Administrative Review Board Meeting of 2/9/2021
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To the editor,
Personal health maintenance is essential during anyone's lifetime but could save your life during
COVID as it boosts your immune system.
Michael Passegger
Administrative Review Board Meeting of 2/9/2021
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To the editor,
am 65 years old and have several issues with my body that require gym access to accommodate. I
am not concerned with the COIVD virus, what does bother me is not being able to access exercise and
physical rehab at the gym. Gyms are most definitely essential — keep the gyms open. I lost 15-percent
of my body mass during the first lockdown You are killing more people than not with another lockdown.
Do the right thing, open the gyms or you will have more people dying from everything other than
COVID.
Gary Andrew
Administrative Review Board Meeting of 2/9/2021
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To the editor,
Going to the gym is saving my sanity!! In these uncertain times, you need your mental and physical
health to help you get through this madness. We are taking every precaution and seriously abided by
the guidelines. We need the gym to stay openl
Patsy Gillen
Administrative Review Board Meeting of 2/9/2021
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To the editor,
Best to be strong. Being with others of the same mindset is so helpful. Avoid stress — exercise, swim!
Linda Colwell
Administrative Review Board Meeting of 2/9/2021
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To the editor,
Cycling and Aqua Aerobics give my daily activities meaning. I look forward to classes with the people
and instructors who try to make it challenging but interesting. Kennedy has given me the opportunity to
keep "plugging along" and stay in the best health for my 83 years."
Winton Winslow
Administrative Review Board Meeting of 2/9/2021
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EXHIBIT B
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4THE TRIBUNE-IMPACT2020
mTHETRIBL7NE 11
LOCAL
SLo County gyms team up to operate indoors.
But will it increase COVID-19 cases?
BY NICK WILSON
NOVEMBER 27, 2020 05:00 AM, UPDATED NOVEMBER 30, 2020 02:11 PM
Kennedy Club Fitness, which has four San Luis Obispo County locations, is operating indoors despite
coronavirus restrictions. Managing partner Brett Weaver talks about the business's struggle to survive the
COVID-19 pandemic. BY DAVIi7 MIDDtEC.A.M.P
Listen to this article now
07:35 Powered by Trinity Audio
Administrative Review Board Meeting of 2/9/2021
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About 30 health and wellness businesses in California have banded together in
hopes of changing statewide policy that prevents fitness centers from operating
indoors.
The newly formed Wellness i io which includes includes gyms, martial arts
centers and yoga studios in San Luis Obispo County, argues that fitness centers
should be considered essential businesses during the coronavirus pandemic due to
the health benefits of working out — and that indoor exercise can be done safely.
That's contrary to state orders for California counties in the paple tier Qf
corony s restrmtjolls, including San Luis Obispo County. Under
California's- Blueprint for ,- Safer Economy, businesses including gyms, restaurants,
fitness centers and museums are required to operate outdoors only. San
Luis Obispo County Public Health Department officials say indoor exercise could
increase transmissions, and wants businesses to comply. Wellness
Coalition members include companies that are allowing indoor workouts in
defiance of state regulations — among them, SLO Yoga Center in San Luis Obispo,
Sleeping Tiger Fitness & Martial Arts in San Luis Obispo and Kennedy Club Fitness,
which has four locations in San Luis Obispo County. Other
businesses haven't yet opened indoors but want to be classified as essential businesses
in order to do so. Coalition
members say it doesn't make sense that, under tl e—u ple tjer, personal care
businesses such as spas, massage parlors and tattoo businesses can operate indoors —
but gyms aren't permitted to do so. The
data shows these preventative healthcare can be done safely and help people avoid
obesity and hypertension, as well as build up the immune system while providing
helpful education about what to put into your through nutrition and vitamins,"
said Blake Beltram, one of the coalition's leaders.
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The Yoga Standard is one of the Wellness Coalition members lobbying for fitness centers to be essential
businesses and operate indoors, which is currently not allowed in SLO County. Courtesy photo
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FORMER MINDBODY FOUNDER LEADS THE CHARGE
Beltram, a founding anemler_of MindBody whose no longer is associated with the
San Luis Obispo -based software company, has taken an active leadership role in
the Wellness Coalition.
Beltram said the group, which includes some Los Angeles area businesses, isn't
trying to defy California's COVID-19 regulations. Instead, he said, it wants to work
in concert with the state to show the positive health benefits of exercise and health
routines.
That includes good mental health, he said, noting that depression rates have risen
during the pandemic.
According to Beltram, a small fitness business typically spends between $15,000
and $17,000 per month to operate.
The vast majority of these owners don't get rich of these businesses," Beltram
said. "This is a calling and a passion. If they were struggling to begin with, it's going
to be very hard to survive with indoor closures. It breaks my heart to know that
some of these businesses may not make it."
No new stimulus package has been passed to assist small businesses., with U.S.
Senate talks stalled.
I hope people can look at this from a 360-degree perspective, and consider all of
the factors," Beltram said.
Administrative Review Board Meeting of 2/9/2021
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r
4 .
Juan Pantaleon has been a member of Kennedy Club for 4 years. He missed working out at the fitness
center when it closed due to coronavirus restrictions. David Middlecamp
DMIDDLECAMP@THETRIBUNENEWS. C:OM
HOW DOES EXERCISING INDOORS IMPACT PUBLIC HEALTH?
According to San Luis Obispo County Public Health officials, research indicates
that exercising indoors could lead to increased transmissions.
The agency is working with the businesses to mandate compliance of the indoor
operation ban. Fitness centers that open indoors despite COVID-19 orders risk
citations and fines.
We're investigating and will be following up with individual facilities to work to
bring them into compliance with the Governor's orders," county Public Health
Officer Dr. Penny Borenstein said. "Research indicates that these are settings in
which transmission of COVID-19 is more likely to occur."
At the same time, we care about the businesses and recognize fitness is an
important part of health and wellbeing," she said. "We'll continue our dialogue
with state officials to find pathways for fitness facilities to reopen indoors."
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SLO County Public Health officials told The Tribune contact tracers they "don't
routinely ask people with COVID-19 if they have been to a fitness facility (or many
other types of facilities) because we need to prioritize identifying their close
contacts who are most at risk" in an email response to The Tribune.
Some may volunteer this information as part of the overall conversation," they
added. "Even in those cases, it's generally not possible to say definitively that the
fitness facility was the source of their infection. That would only be possible if they
had strictly self -quarantined alone at home except to go to the gym. In that context,
we haven't traced any cases specifically to fitness facilities. Any cases that
originated at fitness facilities would be classified as `community transmission."'
Guidelines issued by the federal Centers for Disease Control and Prevention
emphasize that 3drUs transmission can occur from "close contact (within less than
6 feet) with patrons, coworkers, or service personnel who are infected; touching or
handling frequently touched surfaces and equipment and then touching your
mouth, nose or eyes."
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RICHARD DODDER WORKS ON AN ELLIPTICAL MACHINE. KENNEDY CLUB MANAGING PARTNER,
BRETT WEAVER, OPERATING OUTDOORS HAS REQUIRED COSTLY REPAIRS TO MACHINES. DAVID
MIDDLECAMP DMIDDLECAMP@THETRIBUNENEWS.COM
Administrative Review Board Meeting of 2/9/2021
Item 1 - 12-17-20 Appeal of Cite 23148
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SLO FITNESS CENTERS, GYMS WANT TO OPERATE
Stephanie Stackhouse, co-owner of SLO Yog C Wr, said she believes indoor
workouts can be done safely.
The SLO Yoga Center has been operating indoors at its downtown San Luis Obispo
location "for the past week or so," with positive feedback, Stackhouse said. She
requires her clients to wear masks and socially distance at all times during
sessions.
Classes are staggered to be able to carefully clean and wipe down equipment
between group gatherings.
People say they have been feeling isolated and they're so grateful to be able to
join in -person classes," Stackhouse said.
Stackhouse said she also offers online workouts for those who wish to exercise at
home. But she noted that some people have lost their motivation to work out, and
classes hold them accountable to stay in shape and keep off extra pounds.
Stackhouse said that no coronavirus cases involving San Luis Obispo County
residents have been traced to fitness businesses, adding she has spoken directly
with the county Public Health Department about the matter.
Stackhouse, who closed a yoga studio in San Luis Obispo's Marigold Center at the
start of the pandemic, said she limits class sizes to 10% capacity.
We care deeply about health and wellness and our clients," Stackhouse said.
Nathan Zimmerman, owner of Sleeping Tiger Fitness, said that his facility can
open two large garage -style doors to allow air to through the building.
Zimmerman said other business owners have invested in filtration systems and
open windows to encourage air flow and safety.
Like SLO Yoga Center, Sleeping Tiger's class sizes are capped to create social
distance and the business disinfects frequently.
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I offer outdoor training but indoor classes to those who request it, so people have
a choice if they don't want to work out indoors," Zimmerman said.
Zimmerman said the Wellness Coalition emphasizes safety practices such as
limiting class sizes, disinfecting, and social distancing.
We know a lot more about this virus than we did in the early stages of it,"
Zimmerman said.
SLO COUNTY PSYCHOLOGIST WEIGHS IN
San Luis Obispo County psychologist Nicole Vito, who has done personal research
on the mental health impacts of COVID-19, said she also opposes indoor exercise.
Right now, kids are expected to not be in school in January and doctors often
aren't meeting with their patients in person," Vito said. "You can do yoga outdoors.
You can work out outside without being part of a group indoors. I have empathy
for (the fitness centers), but these aren't essential businesses."
Vito, a Los Osos resident and mother, said that while younger people may not
worry about indoor workouts as much as older people, those who become infected
with COVID-19 could spread the virus to others at grocery stores or other places
where close contact is likely.
Vito said that purple tier orders exist so that "hopefully we can all get back to
school for our kids, some social interactions, and some more gym time."
Increasing the risks of those that are most vulnerable by gathering groups
indoors seems to be the antithesis of community health and wellness," Vito said.
RELATED STORIES FROM SAN LUIS OBISPO TRIBUNE
LOCAL
These 2 SLO County gyms are
operating indoors despite COVID-19
orders. This is why
BUSINESS
SLO County businesses may face
more restrictions as COVID cases
surge. Are they prepared?
NOVEMBER 21, 2020 5:00 AM NOVEMBER 13, 2020 3:40 PM
Administrative Review Board Meeting of 2/9/2021
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REPRINT ***
City of San Luis Obispo Finance
990 Palm Street
San Luis Obispo, CA 93401
805) 781-7124 www.slocity.org
Thank you for your payment.
Have a nice day!
Thursday Dec 17 2020 03:33: 59 PM
Clerk - Misc Revenue (CLERKREU)
APPEAL ADMINISTRATIVE REVIEW BOAR 281.00
Total 281.00
a Check 1299 281.00
Received From: KENNEDY CLUBS, LI_C
Receipt #: finance-12172020-16
Cashier: Marjorie Hernandez
Administrative Review Board Meeting of 2/9/2021
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