Sacramento Gym Owner Loses Lawsuit Against Governor

LODI (CBS13) — A local gym owner is on the losing end of a court battle over reopening his doors. 

Sean Covell, the owner of Fitness Systems, sued Governor Newsom, claiming the order was unconstitutional. But the judge disagreed, denying his request for an injunction. 

Last month, Covell posted signs on the doors of his gyms in Lodi, Sacramento and West Sacramento stating: "No county, state official has the power to cancel the Constitution and the Bill of Rights of the United States."

Another poster reads: "A county health official has the power to quarantine a provably sick person. The state cannot quarantine healthy persons."

He planned to open on May 1, facing several thousand dollars in fines and possible jail time. According to court documents, Lodi Police Officers delivered a letter from the San Joaquin County lawyers on April 30, informing him of the potential penalties for staying open.

Covell did not open his gyms, but he did seek help from constitutional attorney Brian Chavez-Ochoa.

Chavez-Ochoa said these cases are coming through his office more and more.

So far, the attorney said he's up to 80 businesses and individuals who want to challenge either the state or their county based on the claim that their constitutional rights are being ignored. He predicts he will be busier as California begins to open up in stages.

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