A Mountainside Fitness location in Scottsdale was cited a class 1 misdemeanor for violating Gov. Doug Ducey’s June 29 order mandating the closure of gyms.

On June 30 at approximately 9:45 a.m., Scottsdale officers responded to the fitness center at 11611 E. Sahuaro Drive, in reference to multiple reports of the gym being open.

The officers found that the gym was open despite the governor’s Executive Order.

The officers provided education to club management in an effort to gain compliance, according to police officials, who say this has been the practice of SPD throughout the COVID-19 crisis when dealing with noncompliance of executive orders and proclamations.

Gym management advised that they were going to remain open, police say, at which point they were advised that officers would be returning later in the day to check on compliance.

Officers returned at 2:25 p.m. and found that the facility was still open.

The gym’s Chief Operating Officer, Mario Arce, was then cited for a class 1 misdemeanor.

Police officials say several other Scottsdale gyms are under investigation and may be charged with similar violations.

Soon after Gov. Ducey announced the closure of gyms, movie theaters, bars and water parks on June 29 to combat the rise of COVID-19 cases, Mountainside Fitness CEO Tom Hatten announced his company is planning to sue the governor.

“We are not taking this decision lightly, we were asked to close in five hours,” Mr. Hatten said in a June 29 press conference.

“If [COVID-19] is truly as bad as we’re being told, I don’t think closing health clubs tomorrow is going to solve the problem --- if you want to solve the problem then solve it. Don’t look at a health club or random business to make it look like you’re trying to.”