Gym owner handed fine for defying public health orders

A gym owner openly and enthusiastically defying a public health order to close his workout facility was handed a fine Thursday.

According to video posted to social media accounts, Iron Energy Gym co-owner Brian Mark said Interior Health (IH) issued him a $2,500 fine for continuing to operate, despite an order from provincial health officer Dr. Bonnie Henry for gyms to close in an effort to curb the spread of COVID-19.

“They are going to have to drag me out of here in cuffs,” Mark said.

Video posted online shows officers approaching the gym Thursday with what appears to be an Interior Health official to issue the order and fine.

At the same time, Mark is seen yelling to a boisterous throng of supporters, armed with signs reading ‘#FreeBC’, 'Gyms Are Essential’, and ‘Mental Health Matters.’

In a subsequent video, he rips off the written order taped to the front door, telling him to close.

“Your order is unlawful. It is not right. Everybody in this gym agrees.” he says. “We are done.”

Mark maintains the order is unlawful as it violates the Canadian constitution, citing his right to “life, liberty and security of the person,” granted to him through the Charter of Rights and Freedoms.

“My business is operating to serve the community and so Interior Health, who is supposed to be fighting for the community, has actually told me to close … and they are going against what they are supposed to be doing.”

He said he is not fighting the government on vaccine and masks mandates, only claiming to be standing up for mental health.

“I’m standing up for my right to operate my business. I’m standing up for my community,” he said.

Kelowna RCMP spokesperson Cpl. Tammy Lobb said officers from the West Kelowna detachment attended the gym alongside IH staff to “keep the peace and support Interior Health.”

“The Kelowna Regional RCMP issues fines at the request of Interior Health, and in this case, a fine was issued.”

Mark said a gym member has set up an online fundraiser to help cover the fine and/or any associated legal costs. He said any unused money will be donated to charity.

In a statement to Kelowna10 late Wednesday, Interior Health said its expectation is for all fitness facilities to comply with the order.

“Now is the time we all need to work together to reduce the impact of Omicron in our communities,“ it said. “Further steps will be taken for gyms who remain open despite initial enforcement actions.”

Meanwhile, on Tuesday, when asked about the ongoing need to close gyms, Dr. Henry said these facilities had proven to be "amplifiers" of the virus, especially because of the age demographic who frequented them.

“The reputable [gyms] understand they are not going to be putting their staff and clients at risk,” Henry said.