The owners of a personal training studio have filed a civil rights lawsuit against the city of Atlanta over the definition of a gym.
They claim an aggressive city gym inspector is threatening their business because the inspector claimed they were running a gym without a proper permit.
“I think it's a scam and a shakedown from the city,” said Bill Sonnemaker.
Bill Sonnemaker owns Catalyst Fitness on Peachtree Road in Buckhead, and said he recently got a call from his wife that a city gym inspector was demanding to see their gym permit.
“So my wife provided the business license to him and then he said, 'Well where's your gym license?' And she said, 'What do you mean gym license? We don't need a gym license. We're not a gym. We're not a gymnasium,'” said Sonnemaker.
ATLANTA — Sonnemaker said despite their equipment, they are not a gym.
“We’re a personal training studio. We call ourselves a personal training facility,” said Sonnemaker.
Sonnemaker said the municipal code only mentions the word "gymnasium."
“So essentially the city passed an ordinance, however many years ago, without properly defining it and that's unconstitutional according to the United States federal government,” said Sonnemaker.
Here is a full definition of a gymnasium:
1a : a large room used for various indoor sports (as basketball or boxing) and usually equipped with gymnastic apparatus
b : a building containing space and equipment for various indoor sports activities and usually including spectator accommodations, locker and shower rooms, offices, classrooms, and a swimming pool
Sonnemaker’s attorney, Yasha Heidari, thinks they have a great case.
“We have an ordinance that's not defined. We have inspectors that are making their own subjective determinations as to whether or not you fall under that statute,” said Heidari.
Channel 2's Craig Lucie contacted the city of Atlanta, and they said they cannot comment on pending litigation.
Sonnemaker said they are already facing $5,000 in fines. Other fitness facilities are keeping an eye on this case as well because it affects them if the city changes how they define gymnasium in their city code.
Cox Media Group
