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IH suing to close defiant West Kelowna gym

Claim details repeated violations of public health orders

Interior Health (IH) is suing a West Kelowna gym that it claims has repeatedly chosen to not follow public health orders over the past several months.

The gym's co-owner has vowed to 'fight' the matter.

In a lawsuit filed in B.C.’s Supreme Court, IH claims Iron Energy Gym was not requiring proof of vaccination to enter or making people wear masks.

IH said it has issued several warning letters to the gym in an effort to get the owners to comply. Fines have also been levied against the business, according to the lawsuit.

The claim details several instances of the gym owners refusing to follow public health orders, dating back to September 2021.

“The defendants have and are continuing to willfully contravene the closure order, the public health orders, and the public health act,” the claim reads. “The conduct of the defendants is, among other things, putting the health and safety of the public at serious risk.”

The health authority is asking the court for an order to close the gym, as well as one to allow the RCMP to remove or arrest anyone who is violating the closure order.

The gym owners have not filed a response in court, but in a live social media broadcast Wednesday, co-owner Brian Mark said, “we are going to fight this.”

“We are not backing down, and this is just adding fuel to the fire.”

The gym has garnered myriad of attention in recent months, culminating in an initiative known as Operation Green Light in December. This initiative galvanized several gyms and fitness studios to take a unified public stance against the closures.

In previous comments to Kelowna10, Mark and his co-owners, have argued it’s wrong for the authorities to deprive the public of a physical and mental health outlet.

“Most of our members here are also here for their mental health,” Kirsten Mark previously told Kelowna10. “This is so much more than about our business, this is about the community’s mental health.”

The gym was ordered to close on Feb. 3 by IH but is still open.

Latest numbers

The BC Centre for Disease Control (BCCDC) reports 657 new cases of COVID-19 Thursday, 93 fewer than Wednesday, with five new deaths. There were 744 people hospitalized, 18 fewer than the day before, and 120 of those in intensive care (one less).

In the Interior, there are 198 new cases, 79 fewer than Wednesday. There remained 164 people hospitalized, the same figure for the third day running. Of those, 24 were in intensive care, five more than Wednesday.

Published 2022-02-17 by Tyler Marr

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