Buffalo, N.Y. (WBEN) - The Erie County Department of Health is giving Orchard Park gym owner Robby Dinero until December 19th to pay a $15,000 fine levied against him for violations stemming from a Friday night protest inside Athletes Unleashed.
Dinero held another rally inside the gym Tuesday evening and was LIVE on Fox News when he ripped up the fine notification. On WBEN Wednesday, Dinero announced he will reopen his gym for business this coming Monday.
In a statement released by the Department of Health Wednesday, officials reiterated the violations:
"The stipulation charged this facility with violations of New York State Public Health Law, New York State Rules and Regulations, Executive Orders And New York State Sanitary Code, 10 NYCRR Subparts 66-3.3(a) and (d). Those charges were related to a non-essential gathering of approximately 40 people on November 20, 2020 that was verified by an ECDOH inspection."
"At the time of the inspection on November 20, 2020, the facility address was located within a NYS Cluster Action Initiative Orange Zone, as defined by NYS Executive Order 202.68, with a non-essential gathering limit of 10 persons. Further, during a non-essential gathering, the business owner, building owner and those otherwise authorized on their behalf, or otherwise authorized to use the building did not deny entry to attendees who were not wearing a face covering, as verified by an ECDOH inspection."
Meanwhile, Erie County Legislator Joe Lorigo is seeking to have the fine waived by Erie County and has submitted a resolution to be considered by the legislature. The resolution states, "WHEREAS, this situation raises very serious questions as to whether the 1st, 4th, and 8thAmendmentsto the United States Constitution were violated as they pertain to the gym owner."
The resolution from Lorigo indicates that the highest COVID related fine to date levied by the county has been $800 and all fines through October have totaled just over $15,000.
[shortcode-inline-related expand="1" link="/wben/news/gym-owner-rips-up-usd15k-fine-live-on-fox-news" headline=""Come and get it." Gym owner rips up $15k fine LIVE on Fox News" image="/media-library/image.jpg?id=63647658"]
