By Janene Scully
Noozhawk North County Editor
A temporary restraining order has been issued against a Buellton fitness center that continued to operate despite COVID-19 public health orders banning indoor activities, according to Santa Barbara County District Attorney Joyce Dudley.
Santa Maria Superior Court Judge Jed Beebe issued his opinion Wednesday following a Monday hearing regarding allegations against All Sport Fitness Center.
Beebe issued the temporary restraining order requiring the business to cease indoor operations as required by state and county public health orders.
All Sport, at 85 Industrial Way, allegedly continued operating indoors despite the state and local government orders requiring all gyms and fitness centers in counties severely affected by the COVID-19 pandemic to stop indoor operations.
All Sport was allowed numerous opportunities to comply with public health orders but failed to do so, despite warnings from the City of Buellton’s code inspector and the District Attorney’s Office, according to a news release from Dudley’s office.
In light of All Sport’s failure to cease indoor operations, the Consumer Protection Unit of the District Attorney’s Office on Aug. 24 filed a civil complaint against All Sport alleging a violation of California’s Unfair Competition Law.
The TRO remains valid until Sept. 11, when the judge will determine whether a preliminary injunction is appropriate to bar All Sport from violating the public health orders while the case moves through the justice system.
“The District Attorney’s Office remains committed to protecting public health and safety by enforcing state and local public health orders. Compliance with these orders is essential to combatting COVID-19 in Santa Barbara County,” Dudley said.
The civil complaint names Jayda Inc., which operates as All Sport Fitness Center, and David Kenneth Henrey.
On the business Facebook page, the operator said the fitness center remained open because members “needed it, and I needed to support my family” but noted the judge’s order to close.
“I felt that the judge was fair and understanding with the information that the DA provided. We hope for a different outcome on Sept. 11 when the judge allows me to return and plead my case again. What kind of a world do we live in now where we release criminals and DAs turn away cases, yet this DA decides to throw the book at a local business owner that has never even had a ticket,” the post stated.
All Sport’s social media post blamed a neighboring business for the current legal trouble.
“This world has become a very sad place, so we should all do our best and not try to destroy other people’s lives,” the post stated, pledging to “continue to fight for what is right for me and my family.”
“To all our loyal members, please know that I will fight and make this right,” the post continued. “You guys are awesome and the type of people that I am excited to fight for. The gym is a better place since this whole thing began because of the like-minded people that I see on a daily basis. Thank you very much to all of you! We will come back stronger!”
The filing against All Sport comes around the same time a District Attorney’s Office representative announced consideration of potential civil allegations against establishments that are “egregious violators” and stay open despite warnings, John Savrnoch, chief deputy district attorney for the South County, said Aug. 25.
A lot of the county’s enforcement response is based on community complaints, he said, such as gyms and fitness centers that are operating indoors against public health guidelines.
— Noozhawk North County editor Janene Scully can be reached at jscully@noozhawk.com.
