Anytime Fitness must operate in line with the town’s regulation health clubs

Anytime Fitness must operate in line with the town’s regulation health clubs, a Plymouth Superior Court judge has ruled.

That decision will be appealed, according to Rob Kraus, attorney for Anytime Fitness owner Jake Pylant.

At issue is the town’s requirement that a staff member trained in the use of an automatic external defibrillator must be on duty at health clubs in town during business hours, or 24 hours a day, seven days a week in the case of Anytime Fitness. The gym is located at 187 Summer St.

While he respects the judge’s decision that the town’s bylaw is valid and enforceable, he disagrees, Kraus said. In challenging the town’s bylaw, he said state law should apply.

“State lawmakers created a law that provides for access to convenient, affordable fitness clubs like Anytime Fitness,” he said. “It’s disappointing the health board saw fit to adopt a more stringent regulation.”

Anytime Fitness and Pylant, a franchisee, sued the town in May 2011, claiming that the Board of Health’s regulation was unenforceable because it conflicted with an act of the Legislature. State law says the AED requirement only applies when staff is on duty during business hours.

Associate Justice Robert Cosgrove disagreed that there was a conflict. In his decision he wrote, “But no comparable inference fairly arises that the Legislature intended to prohibit a health board from imposing more extensive requirements; again, had the Legislature intended such a result, it simply could have said so.”

Board of Health Chairman Joe Casna said he understands the board’s decision poses a hardship for Pylant, but that it would be unsafe for a health club to be open without a staff member on duty who has been trained in the use of an AED.

“At the end of the day, it’s a matter of public safety,” he said. “I think there should be staffing there under any circumstances.”

Casna said he sympathizes with Pylant and hopes Pylant can adjust his business plan so it won’t hurt him financially, but that circumstances dictate the business cannot continue as usual. He said it’s vital that someone with training is present, because AEDs can save lives.

“How do you argue with that?” he said.

Kraus said Anytime Fitness is a business with more than 2,000 facilities that operate safely and effectively as passkey operations. Clients are informed of the parameters of membership, and safety measures are in place. He said a panic button installed in the Kingston facility is a safety precaution in place for the good of its clients.