The owners of West Kelowna’s Iron Energy Gym are headed to court to make a case for staying open.
Interior Health filed a suit in BC Supreme Court Wednesday aimed at giving it the powers to close the controversial business. It names Iron Energy Fitness Centre owners Brian Mark and Kristen Mark, directors Cole DaSilva, Morgan De La Ronde, Brett Godin, Amy Webster and Brian Ralph. It also names building owner National Storage and Warehousing Inc.
The suit states the court action is the result of escalating concerns that started in September 2021 when the business decided to not follow health orders aimed at curbing the spread of COVID-19, including requiring masks and checking vaccine passports. In the months that followed, through multiple attempts to bring the gym in line with regulations, Interior Health issued 21 tickets as well as two closure orders, the latest of which was posted to their door Feb. 3 by a “process server.“
According to the document, and the gym owners’ own social media accounts, they didn’t comply.
The health authority is, in turn, is seeking an injunction restraining the defendants or anyone who’s working for them from operating the gym, for as long as the closure order is in effect.
They’re also looking for an order that would allow Mounties “to arrest and/or remove from the gym any person who the RCMP has reasonable and probable grounds to believe is contravening any order granted by the court in (the upcoming) proceeding.”
The basis for the lawsuit can be found in the Public Health Act, which states in one of its sections that a person must not willingly cause a health hazard, or act in a manner that the person knows, or ought to know, will cause a health hazard.
“The defendants have and are continuing to willfully contravene the closure order, the public health orders and the public health act,” reads the suit. The conduct of the defendants is, among other things, putting the health and safety of the public at risk.”
The owners of the gym have stated through social media that they are intending to fight whatever comes their way and reiterated that they believe the provincial health orders for masking and vaccination are not beneficial.
This view goes against the current scientific consensus.
In one Instagram video, the owners say they sought legal counsel and intend to delay the process as long as possible.
They said that they are supported by a group of people who are “extremely powerful” and they are taking the opportunity to pit their experts against those of the health authority.
”We’re going to show them that we are not just young entrepreneur hothead gym owners that people think we are,” one said.
They’re intent on making a change in Canada, they said.
Despite the IH closure order, the gym still has its business license.
READ MORE: COVID-19: West Kelowna gym defying public health regulations
“The city is aware of legal proceedings between the Interior Health Authority and Iron Energy Gym,” a West Kelowna communications official said.
“The city will not consider any matters relating to the municipal business licence until such time as the Supreme Court of British Columbia has made its final ruling. All further inquiries should be directed to the Interior Health Authority.”
A GoFundMe set up for the gym has racked up more than $11,000.