Iron Energy Gym co-owner Brian Mark declared his refusal to close gym to a crowd at the front doors of the gym on Jan. 6, 2022. Less than a month later, it got another closure order.

Image Credit: INSTAGRAM/Cale Fraser

Interior Health ordered Iron Energy Gym to close last week, but it still holds a business licence with the City of West Kelowna.

"The status of the fitness centre's 2022 business licence renewal remains unchanged," a spokesperson with the City of West Kelowna said.

In early January, the City declined the gym's 2022 business licence renewal because if failed to abide by public health orders. At the time, that order deemed that fitness facilities had to temporarily close in B.C. because of rising COVID-19 cases.

That temporary measure was repealed on Jan. 20 when public health officer Dr. Bonnie Henry allowed gyms to reopen, but were required to abide by various health orders like checking for proof of vaccination, capacity limits and mask requirements.

"We continue to work with Interior Health and seek direction from them in respect of provincial Public Health Orders; and, as these matters remain within their jurisdiction, questions should be directed to them," an emailed statement from the City of West Kelowna reads. It's unclear — and the City is refusing to say — why it enforced public health orders before with this business, but not now. 

Calls to the gym and to co-owner Brian Mark from iNFOnews.ca were not answered, but it is believed Iron Energy is still open based on its social media activity.

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Interior Health issued a closure order to Iron Energy on Feb. 3, which explained several reasons for the enforcement. It says Interior Health consulted with the gym's legal counsel Raminder Hayre, who assured that the gym revised its health measures to align with public health orders. 

That turned out to be false.

"Your representative, Raminder Hayre, confirmed via an email sent on Jan. 20, 2022, that the required safety items in the letter were being met," the order reads. "On Jan. 21, after receiving your business licence from the City of West Kelowna, you made several public statements on record indicating that you do not intend to abide by the current provincial requirements for exercise/fitness facilities."

The enforcement order also claims Interior Health received complaints from gym members concerned that Iron Energy was not abiding by public health measures.

An Interior Health official later went to the gym on Feb. 3 where there was no signage to signal masks as mandatory and a manager and told them "there was no intention to comply with the existing public health orders," according to the closure order.

Interior Health refused to speculate on any other actions, if any, it may take.

"Any additional actions will be posted to our website on the enforcement page," an Interior Health spokesperson said in an emailed response.

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In a similar case, Interior Health took enforcement action on Kelowna gym Flow Academy last year after it repeatedly defied public health orders. After it was given a closure order and the City of Kelowna pulled its business licence, Interior Health officials and bylaw officers eventually locked its owners out of the building.

The dispute, however, lasted months with the closure order issued in April 2021 and the gym eventually leaving its Sutherland Avenue location in June.

While gyms are currently allowed to remain open, they are expected to adhere to certain limitations as COVID-19 continues to affect public healthcare capacities.

"Interior Health is seeing the highest COVID activity and hospitalizations we have seen throughout the pandemic and it is important for everyone to continue taking steps to protect themselves and their community by following current public health guidance. We also want to recognize the vast majority of gyms and fitness facilities that continue to follow these precautions," the health authority statement reads.

The Iron Energy closure order does say that Interior Health has the authority to take further action against the gym or its owners through the Public Health Act if the order is not followed, but it does not specify what actions those could be.

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