CEDAR RAPIDS, Iowa — Gyms in the 22 Iowa counties that had restrictions extended are now open, but only for one person at a time and by appointment only. At one Cedar Rapids gym, though, that's not happening.
Custom Fitness is opening their doors to anyone who wants to come. Owner Jason Bailey says that's what his gym is all about.
"That's why we call it Custom Fitness- we can be whatever type of gym any individual who walks in the door wants us to be," Bailey said.
Bailey says he's aware he's violating Gov. Reynolds' proclamation by allowing more than one person. But he's firing back, saying the governor's order violates his customers' first amendment right to assembly.
"When the constitution says that we have unalienable rights that cannot be infringed upon, and when they say something that infringes upon them, I don't see how you can interpret it any other way," Bailey said.
Ray Scheetz, a Cedar Rapids-based attorney, says the first amendment actually doesn't apply to this situation, but the 14th could.
The 14th Amendment protects people from the government coming in and taking something, and in this case, they haven't taken anything," Scheetz said.
"They've just instructed business owners that they can't open their businesses, and when that happens, obviously that property right is significantly, significantly diminished."
Scheetz says that if Bailey were to try and challenge the proclamation in court, there wouldn't be much legal precedent. He also says, besides the fact, the proclamation is set to run out on Friday anyway, barring Reynolds extending it.
"This might all be moot by the time that he hires a lawyer, and the lawyer files the paperwork, and we even get a hearing," Scheetz said.
Bailey says, from his point of view, he has a contract with his customers, and he can't uphold his end of the bargain if he only allows one person in at a time.
"By contract, once I open, I have to charge all of you. So let me charge you, you and you, but only you get to come in," Bailey said. "I have a problem with that."
Bailey also says anyone who doesn't agree with his stance doesn't have to pay; they can freeze their memberships for 90 days with no penalty.
Bailey also claims his gym is running as safely as possible given the circumstances; customers are asked to only walk in the direction that arrows placed on the floor are pointing, and every other machine is turned off to allow for social distancing.
"We're following the medical and the governor's guidelines in spirit, just not to the letter of the proclamation," Bailey said. "I don't believe we're putting anybody in harm. But I will say that if we're putting anybody in harm, we're not putting anybody in harm that did not volunteer to do so."
Custom Fitness has also stopped group classes for now, and wearing a face mask is optional.
KCRG-TV 9 reports that Bailey has been cited for violating Reynolds' order.
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