BUFFALO, N.Y. (WBEN) – When a group of restaurants from Western New York defeated the state in court and were allowed to reopen under a yellow zone designation, New York State loosened their restrictions on all restaurants that were in the orange zone.
But when Athlete's Unleashed, a gym in Orchard Park, previously won a similar lawsuit, there was no action from the state.
While suing New York State may be the quickest way for businesses to reopen during the coronavirus pandemic, some businesses aren't sure if they're ready to go that route.
"Our community has kept us strong," Lauren Gibson, owner of Rise Fitness Studio in Hamburg, said. "Through it all, we've survived this. We've actually thrived through a pandemic as much as we can. I'm not sure (if we'll sue)."
Gyms, which can only operate at 25% in the orange zone, accounted for 0.06% of the statewide coronavirus spread, according to Governor Andrew Cuomo during his presentation on December 11. At that time, the positive test rate in Western New York was 5.4%. While the positive test rate was higher as of the weekend, the rates are lowering thanks in part to the end of the Christmas holidays and the spread associated with it.
Gibson said her business is doing better now than it was at the beginning of the pandemic because they're at least able to operate in some capacity. However she said, ongoing concerns about the spread of the disease that has killed more than 1,700 people in the region has discouraged some of her clients from visiting the studio in person.
It's forced her business to improvise.
"A lot of our clients haven't come back yet so they're subscribing virtually," Gibson said. "We still have bikes that are rented out, a good majority of them, which they're happy to rent and we're happy they're renting them. The ones that are comfortable coming back are here."
Gibson also expanded her gym to include retail, something that gave her an extra lifeline while gyms were closed.
"I know it's been tough," she said. "It's been a struggle this entire time, being opened and closed. 33%, 25%, trying to figure out what works and what doesn't. What is most important to me and our instructors here is our community and keeping them safe."
It's unknown whether the state is planning to loosen their capacity limits on gyms. It's also unclear if there are plans for a similar lawsuit as restaurants from a coalition of gyms.
"I kind of gave up on our state, I really did," Gibson said. "Because I had to find ways to make it work myself.
I've been upset with situations we've been thrown in, but instead of just kind of being negative and saying this is never going to work, I've been trying to look at the positive side of things…eventually this will all be over and we'll be here to see it through."
An empty room at Rise Fitness Studio. January 15, 2021WBEN/Mike Baggerman
