BUFFALO, N.Y. — The Erie County Department of Health fined Athletes Unleashed owner Robby Dinero $15,000 Tuesday night for a gathering in his gym Friday in which roughly 50 people were indoors without masks, violations of several of the state's COVID-19 restrictions.

Shortly after, Dinero took a clear stance live on Fox News, tearing up the notice.

"I am not paying the fine," he said during a Wednesday press conference.

The state is not allowing the Orchard Park CrossFit gym to be open because it is in an orange zone, however Dinero said come Monday morning, he won't be complying and called on other businesses to do the same.

"They can't shut all of our power off," he said. "They can't shut all of our water off. They can't drag us all away. Everybody needs to open."

Erie County Executive Mark Poloncarz Wednesday advised Dinero to follow the rules saying he could face a shutdown order or lose his insurance. Poloncarz also criticized Erie County Comptroller Stefan Mychajliw for launching a GoFundMe for the gym owner.

Mychajliw said he turned over control of the account to a financial firm almost immediately, but believes it's part of his duty as the "taxpayer’s watchdog" to defend a struggling business he believes the county is targeting.

"I stand very strong behind a lot of these individuals who are fighting for Robby, fighting for all small businesses and I don't think for a second what people think of me when it comes to joining this important cause," Mychajliw said.

By Wednesday evening, supporters had already donated more than $30,000. Dinero said he's humbled but not surprised and not a cent of it will go toward the fine.

"It's going to provide the basis to fight the government overreach, my business, and any other small business that rises up and joins us," he said.

Meanwhile, the Erie County Legislature Minority Conference drafted a resolution to waive the fine, which it called excessive and a possible violation of the U.S. Constitution. Poloncarz said even if it passed he doesn't believe the Legislature has the authority to waive the fine.