Graham gym owner defies state COVID-19 orders to close his business
A Graham gym that is defying Washington Gov. Jay Inslee’s “Safe Start” orders aimed at slowing the spread of the COVID-19 pandemic was ordered to close and cease operations Wednesday.
The business was ignoring the order Thursday.
The state Department of Labor and Industries issued an order and notice of immediate restraint to Graham Fitness after complaints were received about the business earlier in the week, according to L&I spokesman Tim Church.
The governor’s orders prohibit gyms and fitness centers from operating.
Initially, Church said, L&I tried calling the business.
“They refused to talk with us over the phone,” Church said.
L&I staff then visited the business but were again rebuffed, he said.
“We clearly saw that they were open when they should not be,” Church said. “So, the order directs them to close.”
Graham Fitness owner Michael Knick disputes the account.
“I’ve got a piece of paper on my door,” Knick said Thursday, referring to the order. “They didn’t talk to anyone or anything. They just stuck this paper up and left.”
Knick said he has legal counsel at the ready.
“Anyone (from the government) that steps through that front door is going to be personally held liable for infringing on my liberty,” he said.
Knick said he reopened his business May 16 after the initial shutdown and has been operating it since.
“I don’t have the luxury of, like these bigger corporations do, of being able to shut down,” he said.
According to government records, Graham Fitness received $60,496 in a loan earlier this year from the Trump Administration’s Paycheck Protection Program.
Graham Fitness employees 15 people. All of the PPP loan went to payroll expenses, Knick said.
“I wanted to be really careful with that money because I don’t want to pay any of it back,” he said. “So, I spent everything towards (payroll).”
The L&I order does not have a fine attached to it, but that could change if Graham Fitness continues to operate, Church said. A workplace safety and health investigation has been opened.
The next available option to the state would be a court-ordered temporary restraining order, Church said. So far, the state has only used that option once — for a cafe in Whatcom County.
Graham Fitness is one of several around the state that have been cited for defying Inslee’s orders.
“We certainly have seen an uptick in that with these new restrictions announced a couple of weeks ago,” Church said.
Knick said he and the business take precautions against spreading COVID-19. Those include the use of hand sanitizer and equipment wash downs.
“That’s our big rule,” he said. “You have to spray everything down before and after you use it with a disinfectant.”
Knick does not enforce the use of masks at Graham Fitness.
“I’m not the mask police,” he said. “I’m not going to force people what to wear. I don’t want to be held accountable if somebody falls off a treadmill because they’re not getting enough oxygen.
“People do wear masks in here, and some people don’t.”
Knick’s defiance of the rules boils down to what he sees as an infringement of his personal liberties. And, he said, the government’s mandates are hypocritical.
“If they wanted to save lives they could go after the tobacco industry,” he said. “480,000 Americans die every year, roughly, due to tobacco. Why aren’t we saving those lives? Oh, because tax revenue tax dollars are more important than those lives right? That’s why.”
This story was originally published December 4, 2020 at 5:05 AM.
