This week, New York gyms filed a class-action lawsuit against the state of New York, calling for the opportunity to resume business operations, after Governor Andrew Cuomo removed gyms from Phase 4 of the state’s reopening plan.

“It just comes down to [that] it’s Phase 4. There are no other phases,” said SC Fitness owner Charlie Cassara, who is leading the lawsuit, during a Fox & Friends interview. “We deserve the opportunity to open up under the CDC guidelines set forth. We are ready to do that.”

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Gyms have been closed since March 16th, and for reasons unknown to them, have been completely left out of the state’s reopening plan.

“We never got a reason for being removed from Phase 4” said Julia Elzomor, Owner of CircHIIT and CrossFit Middle Village to STAY FIT 305 this week after the news broke.

Elzomor’s facilities moved to virtual training back in April, but like many South Florida gyms, getting members and guests back into the gym safely, in addition to a virtual option, is the only way some of the boutique gyms will survive.