Iron Energy Gym in West Kelowna kept its doors open despite public health orders, but the city decided not to renew its business license for 2022.

Image Credit: FACEBOOK/Iron Energy Gym

As gym owners waited for an update to the provincial health order that shut the doors of fitness facilities in B.C., around 100 gyms across the province joined in a campaign to reopen whether or not the order was lifted.

Iron Energy Gym in West Kelowna has kept its doors open since the order was delivered on Dec. 21, then received a $2,300 ticket and an order to close from Interior Health, but its owners have no plans to pay the ticket or abide by the closure order.

Brian Mark, one of the owners, said around 100 fitness facilities across the province have taken part in the so-called Operation Green Light to open their doors whether or not updated public health orders allow for it, including between 30 and 50 within the Interior Health region.

"Operation Green Light is a stake in the ground saying we're open no matter what," Mark said, adding that although Iron Energy has been a central figure for gym owners outspoken against the public health order, the campaign is not headed by his gym, and the title was suggested by another local business owner during a "meet up."

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A public health order was made on Dec. 22 by B.C. health authorities which determined that fitness facilities and some bars and nightclubs were to be closed until at least Jan. 18, in an effort to slow the spread of COVID-19 and the highly transmissible Omicron variant.

Daily cases have surged to record highs in the province over recent weeks, with over 800 patients in B.C. hospitals that have COVID-19 as of yesterday. However, roughly 45% of those cases are incidental, rather than the patient having been admitted because of the virus.

Provincial health officer Dr. Bonnie Henry and Health Minister Adrian Dix revised public health orders at a press conference today, allowing gyms to reopen on Jan. 20.

“Masks must be worn at all times, except when exercising when that causes challenges for some people,” Dr. Henry said, noting it’s best for people to wear masks when exercising and all staff must be masked.

There must be a seven metre circle around each person exercising, even in groups. Pre-booking is encouraged, facilities must be properly ventilated and fans and heaters are not allowed.

While those rules have been eased, bars and nightclubs must remain closed until at least, Feb. 16.

Iron Energy Gym also lost its business license earlier this month when the City of West Kelowna decided not to renew it due to public health order violations.

There is, however, an appeal process for any business if its license has been pulled or denied by the municipality, and the gym owners have hired a lawyer to help them through that process.

Mark said the gym owners hired lawyer Raminder Hayre, who has represented Corduroy Restaurant, a Vancouver restaurant that has become known for its opposition to public health orders since last spring.

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Hayre said the owners of Corduroy Restaurant in the Kitsilano neighbourhood retained her "a couple of months ago," and she helped them navigate public health orders so they can remain open.

Rather than challenging the public health orders in court, Hayre said Corduroy Restaurant adjusted its operations, including stopping the sale of alcohol, in order to avoid checking for vaccine status of its customers within the business.

"(Provincial health authorities) are using one approach as a way to try to get everybody to comply. As we can see with the gyms, it's targeting these small businesses," Hayre said, adding that some small businesses are paying month-to-month and, despite available business grants, see their situation as "life or death" as they keep up with public health orders.

Hayre said that her role is to ensure her clients know the legal risks should they choose to violate a public health order and she can only advise them in how to navigate the legal system. In the case of Iron Energy Gym, the choice since Dec. 22 has been whether to temporarily close its doors, or violate a public health order.

"Any business, by their lawyer, has been briefed on what the risks are. If this was the best business decision, then all the power to them," she said.

For now, Hayre said her role in representing Iron Energy Gym simply involves the business license appeal process at West Kelowna city hall, and she would not disclose any further steps she and her client will take in the future.

Mark, however, told iNFOnews.ca that the gym owners do not plan on paying their $2,300 fine for violating public health orders nor do they plan on closing the doors, despite operating without a business license and in violation of a closure order from Interior Health. He added that Hayre may be representing more business owners affected by public health orders.

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While January is typically known for an important month for fitness facilities, as people promise themselves New Year's resolutions potentially to work on their fitness, Mark said he has not been looking at the numbers and memberships at Iron Energy Gym.

Iron Energy members must sign up for one year memberships in order to join the gym.

"I think January is the month that a lot of people have hope for the New Year," Mark said, but added that Iron Energy Gym has been a "passion project" for him and the other owners, rather than a sole source of income.

— With files from Rob Munro.

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