Gym Owner Sues Gov. Baker Over Health Club Ban

The parent company of a Somerville gym is suing Gov. Charlie Baker over the continued closure of health clubs. World Gym, Inc., which operates Assembly Sports Club at Assembly Row, filed the suit in US District Court in Boston, alleging the ban violates the company’s Fifth and Fourteenth Amendment rights. The suit also argues gyms are an essential service, given the “known physical and mental health benefits of exercise.”

A similar suit was filed in US District Court last month on behalf of gym owners in Danvers, Chelmsford, Lowell and Springfield.

The lawsuit states in part:

“The Fourteenth Amendment to the United States Constitution provides in pertinent part: No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The Fifth Amendment to the United States Constitution provides in pertinent part: No person shall be … deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

“These uncompensated seizures violate the Takings Clause of the Fifth Amendment, made applicable to States through the Fourteenth Amendment, and also violate well-established notions of Substantive and Procedural Due Process,” the suit argues.

World Gym said it has been “deprived of the value of its tangible property and facilities while the Orders are in effect,” and its gym has been “drained” of its economic value as a result of “an unconstitutional taking without just compensation.” Assembly Sports Club cannot be bought, sold or leased to recoup lost income during this time, the suit alleges.

World Gym had to lay off the club’s entire 33-person staff and has been unable to make the $47,000 monthly rent payment to its landlord since the end of March, according to the suit. The company is seeking the ability to open immediately and wants to be awarded damages, penalties and lawyer’s fees stemming from its closure.