Hamilton gym facing bylaw investigation amid COVID-19 outbreak
A Hamilton Mountain gym in the midst of a COVID-19 outbreak is under investigation by the city's bylaw department.
One patron and one staff member have tested positive at Freshfhiit Athletic since an outbreak was declared on May 7. Under the provincial COVID-19 stay-at-home order, indoor athletic facilities such as gyms are closed.
In the city's update Monday, emergency operations centre director Paul Johnson said a bylaw investigation into the Upper James Street gym is ongoing" but no charges have been laid.
Several gyms in the province have reopened using an exception in the province's lockdown regulations. The exception in the Reopening Ontario Act allows a fitness facility to open solely for use by persons with a disability, within the meaning of the Accessibility for Ontarians with Disabilities Act, who have a written instruction" from a regulated health professional for physical therapy" that they can't do elsewhere.
It's unclear why the Upper James Street gym was open. The Spectator reached out to the gym for comment Monday but did not receive a response.
Johnson also would not comment on why the gym remained open, citing the ongoing investigation.
There are requirements under that piece, it is not simply a loophole where you can say Well this is all just general physical therapy,' that's not what that's there for," said Johnson. General exercise would not meet that definition, and that's why you're seeing the investigation take place."
Ontario's lockdown regulations were amended in February to allow recreational or fitness facilities to serve people with disabilities who require medically necessary and prescribed physical therapy." A guidance document published that month stressed that such access should be sought only when access to hospitals or other treatment centres is unavailable." The document does not define physical therapy.
Johnson said if Freshfhiit Athletic is found to be open to serve those with a medical need," the city would fully support" it.
We certainly would not want to take away any type of medical support that's required for individuals during the stay-at-home order," he said. But not so if this is a way of people being able to access the gym during the stay-at-home order."
-With files from the Toronto Star
Fallon Hewitt is a Hamilton-based reporter at The Spectator. Reach her via email: fhewitt@thespec.com