Here’s why a Lebanon gym owner defied Illinois’ coronavirus stay-at-home order
David Tate says he and other small business owners have been left with no good choices.
It’s either defy Illinois Gov. J.B. Pritzker’s state-wide shutdown of “non-essential” businesses in an effort to curb the spread of COVID-19, or go out of business.
“Pick your poison,” is how he puts it.
Tate made his choice when he reopened his Fit 4 All gym in Lebanon Monday.
He said for many small business owners the state’s stay-at-home order created a harsh financial situation, sinking income to zero for many. He said he’s not sure if some businesses, especially in Lebanon, will be able to return when the pandemic is over.
“It’s been a nightmare and it’s been a nightmare for other people in my shoes,” said Tate. “This pushed me personally against the wall until I had no choice.”
Tate said Fit 4 All is a small operation with roughly 250 members that relies on subscriptions and the sales of supplements and personal training. Those sales plummeted when the stay-at-home order went into effect.
He said it’s been frustrating for him to see bigger chains continue to operate while he and his family have been forced to get by on his wife’s salary as a respiratory therapist.
The decision to reopen in defiance of St. Clair County and the State of Illinois was not made lightly, Tate said, but his attorney, Tom DeVore, has assured him he is within his rights.
DeVore, an attorney from Bond County, has argued for weeks that the government has neither constitutional nor statutory power to add 30 days on to his stay-at-home emergency owner.
“The guy’s a hero,” Tate said of DeVore. “He’s saving us. For some of us if this continues we’d be no more.“
Tate said he decided to seek out DeVore’s help when he heard about his efforts on behalf of State Rep. Darren Bailey (R-Xenia), who successfully sued Illinois to win exemption from the stay-at-home order.
DeVore sent a letter to the St. Clair County State’s Attorney’s office requesting reasons Tate couldn’t stay open. The answer “did not satisfy” DeVore and, on his advice, Tate opened the doors to Fit 4 All.
The St. Clair County State’s Attorney’s office said Monday it would not comment on the opening of Fit 4 All gym. A request for comment from Governor J.B. Pritzker went unanswered at his daily COVID-19 press briefing.
No Other Options
The financial strain of the gym closing was made worse by the lack of aid from the state and federal government, Tate said.
Small Business Administration loans made available to businesses closed during quarantine quickly dried up, and Tate said he has yet to receive his personal stimulus check.
He said with his bank account shrinking every day, the decision to reopen became necessary as stress continued to build.
“Even if there is some risk, that’s just what life is,” he said.
Pritzker’s plan to reopen Illinois includes five phases divided by regions. Gyms will be allowed to open during phase 3 when the rate of infection is “stable or declining.”
The southern region, which includes St. Clair County, reported Monday an available hospital capacity of 45.8% and 28% ICU beds, while 80.7% of ventilators were available. Since May 1, the southern region reported a 54.3% decrease in hospitalizations.
All of those metrics put the metro-east on track to reopen when the current stay-at-home order expires May 29.
New Rules, Cleaning Practices
On Monday, about 80 members showed up throughout the day to exercise at Fit 4 All, and the gym had a record sales of new memberships and supplements, Tate said.
Tate said new protective measures are in place. No more than 14 members are allowed in the gym at a time and each must have their temperature taken with a contactless thermometer and sign a liability waiver when they arrive. The gym also closes at 10 p.m. for a nightly “deep clean.”
Tate said on Tuesday the county served him with Pritzker’s executive order but did not demand that he close. He said he’s prepared for any legal ramifications and feels confident he’d win any case against him for reopening the gym.
“I believe the arguments that I and tens of thousands have against this would win the day,” he said. “I hope that this ends here and that I’m left alone and can go on business as usual with guidance in place.
“No one’s holding the gun to anyone’s head to go out and support these businesses. No one is forcing anyone to go anywhere. The government is telling us we’re too stupid to make that decision ourselves.”
This story was originally published May 12, 2020 at 11:36 AM.