A state industrial appeals judge has ruled that the state Department of Labor & Industries did not show sufficient evidence to fine an Anytime Fitness owner in the Yakima area for violations of the state's COVID-19 restrictions.
In the proposed ruling and order, Judge William R. Strange said that L&I did not provide enough evidence that Anytime Fitness employees were in risk of exposure to COVID-19 when locations in Yakima, Selah and Union Gap were open in violation of Safe Start, the state's reopening plan. At the time, Yakima County was in Phase 1 of the plan and gyms were not allowed to reopen.
As a result, Strange said that Bradshaw Development Inc.-Anytime Fitness did not have to pay fines of $9,639 and $28,917 issued in July and August, respectively.
Anytime Fitness appealed L&I's decision to the Board of Industrial Insurance Appeals, or BIIA. The state agency is independent of L&I and hears appeals of decisions made by L&I.
Scott Brumback, attorney for Anytime Fitness, said the ruling was a victory for owner Wes Bradshaw.
"They were acting like bullies toward my client. They fined him nearly $40,000," Brumback said in a phone interview Tuesday. "They were trying to make an example of him, and he stood up to them."
L&I, which was notified Tuesday of the ruling, disagrees with the decision, said L&I spokesman Tim Church in a phone interview. The agency plans to ask for a full review of the proposed ruling from the three-member BIIA panel.
L&I contends that it did have enough evidence that employees were exposed, providing the authority to fine the company, Church said.
"Our authority is based on employee worker safety and health. That's a key issue," he said. "We do not have authority if there aren't employees involved. We believe there were employees involved."
L&I has 20 days from when it was notified of the proposed decision and order to request a written review from the Board of Industrial Insurance Appeals. If the board grants the order, it will then have 180 days from the petition for review to make a decision.
Brumback said he welcomed the opportunity to show further that L&I could not prove its case against Bradshaw and Anytime Fitness.
"If they appeal, that's a good thing for us," he said.
A different company that operates Anytime Fitness locations in Moxee, Wapato, Toppenish and Granger, also was fined in August.
Reach Mai Hoang at maihoang@yakimaherald.com or Twitter @maiphoang
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