ORCHARD PARK, N.Y. — A judge granted an injunction Wednesday allowing Athletes Unleashed in Orchard Park to open without any capacity restrictions.
Attorney Paul Cambria said the judge ruled the 25 percent capacity limit being enforced by the state in orange micro-cluster zones was arbitrary and capricious.
"There was nothing that they cited that referenced how they arrived at that number or how it would be justified. In fact, the tracing statistics that the state has compiled show that gyms are some of the least transmitting places in the county," he said.
Gym owner Robby Dinero made national headlines after video of a gathering at his gym went viral when the crowd rejected a county health inspectors attempt to end the meeting. Dinero then ripped up a $15,000 fine, live on Fox News, and vowed to open his facility even though at the time orange zone restrictions required it be fully closed.
"After I talked to him he agreed that we were going to follow the procedure and use the courts and do it appropriately," Cambria said.
He said this is the third injunction his team has been able to obtain for various businesses and industries. This one only applies to Athletes Unleashed, meaning other gyms still must operate under the capacity restrictions for now.
"Obviously the decision he made makes it clear that it’s arbitrary no matter what gym it applied to, but at the moment the rest of the gyms aren't my clients," Cambria said.
The attorney said there is a second part of the lawsuit the court will hear in February calling into question the governor's authority to have any directive last longer than 30 days without consulting the Legislature.
"It's a separate part of the lawsuit, a totally separate ground, so it really doesn't have an effect one way or the other," he said.
Cambria said at this point, the county has not imposed the $15,000 fine on Athletes Unleashed.