ROCHESTER, Minn. (KTTC) --- The future operation of the Plainview Wellness Center is now in the hands of a Wabasha County Court Judge.
In late November, Minnesota Attorney General Keith Ellison filed a lawsuit for a restraining order against Brandon Reiter, for continuing to allow his members to use his gym. The gym also reopened in May following the first shut-down executive order from Gov. Tim Walz instructing fitness centers to stay closed.
"The doors are still open until we hear back with the verdict on today's hearing," Reiter said Tuesday.
Judge Christopher Neisen heard the case earlier in the afternoon.
Wabasha County Court staff told KTTC the judge has until Dec. 31 to make a decision. However, Reiter's attorney believes the verdict may come earlier than that.
"We believe that Gov. Walz is overstepping the authority that he has and that the legislature should be dealing with these issues," said Vincent Fahnlander, Reiter's attorney. "So, we have really no option but to try to stay open and to proceed through the legal system, to try to stay open."
Fahnlander added there are no COVID-19 cases related to his client's business and Reiter is taking measures to prevent the spread of germs.
"He's running a clean and well-kept gym, and taking good care of it, cleaning it, sanitizing it, making sure that his customers are safe while they're working out," Fahnlander said.
Fahnlander is not sure any ruling in Reiter's favor could be applied to other gyms.
"I can't really anticipate what this would mean for anyone other than Mr. Reiter's business," said Fahnlander. "I don't know if any other health clubs would be able to benefit by it by anyway."
If the judge does grant permission for Reiter to stay open, will it only be until the current executive order ends on Dec. 18?
"It all depends on the judge's ruling," Fahnlander said.
And if the ruling goes against Reiter?
"If I do have to close my doors then, according to that restraining order, I have to and I will," said Reiter. He added, "the fight definitely won't be over."
Reiter has a fundraising page and has raised more than $11,000 to help with legal fees.
"I'm mentally prepared if I have to file for bankruptcy on the business if I can't make it through the next 8 to 12 weeks. Because our governor's track record has shown that he likes to extend stuff and we'll go from there," Reiter said.
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December 02, 2020 at 08:00AM
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Plainview Wellness Center still open; awaiting judge's decision following AG lawsuit - KTTC
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