Gym owner is the latest to challenge Newsom’s closure orders

A Sacramento-area gym owner has made good on his threat to sue Gov. Gavin Newsom over executive orders shutting down businesses to fight the pandemic.

Similar to many other challenges to these orders, Stephen Tresner makes claims under the First, Fifth and 14th Amendments, as well as the California Constitution. Tresner v. Newsom, 2:20-at-00482 (E.D. Cal., filed May 18, 2020).

According to the complaint filed by Sacramento attorney Kenneth L. Rosenfeld and Stockton attorney N. Allen Sawyer, Tresner owns a Fitness System franchise in the suburb of Rio Linda. Sean Covell, from the same chain, sued Newsom to open his three gyms in the greater Sacramento region. Best Supplement Guide, LLC v. Newsom, 2:20-cv-00965-JAM-CKD (E.D. Cal., filed May 12, 2020).

"These orders have, with the bludgeoning blow of the butcher, struck at and virtually destroyed civil rights and liberties of plaintiff," argued the Tresner complaint

It goes on to challenge Newsom's assessment that gyms are non-essential businesses. Tresner's attorneys argue the gym is an essential business for many of its members, who will lack a safe place to exercise as the region's high summer temperatures kick in. He also claims he has lost numerous members and about $100,000 while many other types of businesses have been allowed to stay open. As relief, Tresner is seeking to invalidate Newsom's original executive order and several subsequent actions.

-- Malcolm Maclachlan