Salem's Courthouse Club Fitness says it will stay open, defying Gov. Brown's freeze

One of Salem's most prominent fitness centers says it will defy Oregon Gov. Kate Brown's order that requires all gyms to close for two weeks starting Wednesday and instead will remain open. 

Courthouse Club Fitness, which has five locations across Salem, announced on its Facebook page Monday that "it would remain open Wednesday and in the days to follow." 

Brown's order listed gyms and fitness centers as being required to close to limit the spread of the COVID-19 pandemic, which has spiked in recent weeks. 

The order is for a two-week "freeze" requiring some businesses and "faith-based organizations" to limit capacity. It requires others, including gyms, indoor recreational facilities, museums and others to close completely for the duration of the two weeks. 

Courthouse was not the only gym considering staying open. Landon Burningham, owner of Physiq Fitness, which has four locations in Salem, Keizer and Albany, said he considered staying open but ultimately decided to close while he looks at "outside the box ways" to reopen sooner than two weeks, he said in a Facebook post Tuesday night. 

Overall, owners of gyms and fitness centers said they were facing a wrenching decision and felt unfairly singled out by Brown's order given no specific evidence has been presented linking gyms to COVID-19 outbreaks in Oregon. 

"These are among the hardest decisions we will make as a company," Burningham said. "We believe exercise is medicine. We believe gyms are safe and when adhering to safety measures, gyms are and should be considered essential." 

COVID-19 pandemic:Coronavirus cases surge in Oregon

Courthouse says it will stay open, Brown pushes back

Courthouse owner John Miller said in a statement that a second shutdown would push his business to the breaking point. 

"As a result of the harm done to our business from the first shutdown, we will not survive another closure," Miller said. "This is a horrible position I find myself in, and it leaves me with only one choice. Courthouse Club Fitness will remain open Wednesday and the days to follow." 

Oregon Gov. Kate Brown's spokeswoman said a Class C misdemeanor could be issued for any violation of the two-week freeze measures. Oregon State Police said they'd take an "education first approach" and would issue criminal citations "as a last resort." 

"Our focus is on voluntary compliance," said Liz Merah, Brown's press secretary in an email. "It’s critical that Oregonians do their part to stop the spread of COVID-19 and prevent further spikes in infections and hospitalizations. 

"If Oregonians and businesses don’t take these measures seriously, and we don’t see reduced case numbers, we will need to look at additional closures and restrictions."

Miller said Marion County Health Department had not traced any transmission of COVID-19 cases to Courthouse gyms. He said the club will impose a 50 percent capacity limit and "continue to enforce mask and social distancing rules, as well as rigorous sanitation protocols." 

While Oregon Health officials didn't dispute the claim, they noted that they've only been able to trace the origin of about 58 percent of COVID-19 cases since Oct. 1. 

From Oct. 1 to Nov. 10, Oregon had 18,911 total COVID-19 cases. Of those, they successfully traced the origin of 11,043 cases, while in 7,868 cases it was unknown how the virus had spread. Even so, the Oregon Health Authority has not documented an outbreak at any Oregon gym or fitness center.  

The need for exercise as a form of wellness

Miller noted the governor’s order didn’t prohibit physical therapy, youth sports, massage and other personal services due to the positive impact on mental and emotional health.

“I know many of you feel the same about your workouts at the club. You may even see them as your physical therapy or youth-at-heart sport,” he said.

"This is not a decision I take lightly, and I understand some may not agree. At the end of the day, I am convinced staying open is the best and most responsible option for our members, our staff and our community." 

Drew Baker, vice president of Courthouse, said part of the issue was uncertainty. 

"In the first shutdown, it was supposed to be a couple of weeks and it ended up being a couple of months," he said.

Burningham said he's heard from members, including those in the medical community, that their service is essential in this moment. 

"We've been hearing every day: 'we need you open,'" Burningham said. "We're hearing from front line health care providers saying that fitness centers need to remain open for their mental well being — so that they're at the top of their game to fight this." 

Impact felt on gyms across Oregon

While Courthouse appears to be the only gym defying the governor's order at this point, many fitness centers are stressed to the breaking point, said the Community Gyms Coalition. 

“Many local gyms have been teetering on the brink of failure, and this new round of shutdowns may be the push that sends them over the edge, unless Congress acts quickly,” said Jordan Holland, a spokesman for the coalition  in advocating for Congressional relief for gyms and restaurants.

Scott Hagnas, owner of CrossFit Portland, which has been in business since 2005, said he was permanently closing his gym and moving to online-only. 

"I don't expect this to be a short-term thing and I don't want to be on the hook for an expensive lease in these very uncertain times," he said. "We had some great years so have been able to weather things to a point, but it's been brutal. A lot of members didn't come back after the first shutdown."  

Hagnas said he never considered defying the governor's order, but he understood those who were. 

"I certainly understand the frustration," he said. "It does feel like gyms and restaurants are bearing the brunt of this while other indoor businesses are able to continue." 

14 politicians ask Gov. Brown to reconsider 

Fourteen lawmakers, including many from the Salem area, asked Brown to reconsider her order in a letter sent Tuesday backing gyms and restaurants.

"We recognize the threat that COVID-19 poses to our community and support data driven decisions to limit the spread of this disease, but we do not support the mandate to close gyms, churches, and restaurants as it is not supported by historical data and will only address a small fraction of Oregon’s COVID cases at the cost of thousands of jobs and hundreds of businesses," wrote a collection of lawmakers that includes Keizer Rep. Bill Post, Marion County Commissioner Colm Willis and Rep. Mike Nearman. 

"Quite simply, there is no actual evidence that restaurants, gyms or churches are driving COVID in our community. In fact, because of the adherence to mask wearing and social distancing, these establishments have been some of the safest in the state." 

Zach Urness has been an outdoors reporter, photographer and videographer in Oregon for 12 years. Urness is the author of “Best Hikes with Kids: Oregon” and “Hiking Southern Oregon.” He can be reached at zurness@StatesmanJournal.com or (503) 399-6801. Find him on Twitter at @ZachsORoutdoors.