Plainview fitness center responds to lawsuit to shut down

In the 22-page memorandum in opposition to the temporary restraining order filed by the Minnesota Attorney General’s Office last week, attorney Vincent J. Fahnlander asked a judge to deny the state’s request for a temporary restraining order.

The Minnesota Attorney General’s Office filed a lawsuit against Plainview Wellness Center and its owner, Brandon Reiter, on Nov. 24.

RELATED: Minnesota Attorney General’s Office files lawsuit against Plainview fitness center

The lawsuit alleged that Reiter’s fitness center is violating Gov. Tim Walz’s Executive Order 20-99 — which ordered that fitness centers and other places of entertainment close, and that bars and restaurants suspend indoor service, for four weeks — by remaining open past when the order went into effect.

Plainview Fitness Center has been in business since 2013. Earlier this year, Reiter reopened his gym on May 1, which was in defiance of the initial stay-at-home order.

“Rather than close again, Reiter choses to keep PWC open with even more safety protocols in place than the big box stores and other opened businesses are using,” the filing reads. “Mr. Reiter believes it is discrimination for the Executive Orders to close his small business, while large businesses, with frequent more and more close contact by shoppers, remain open.”

Arguing against the state’s request for a temporary restraining order, Fahnlander says the state’s argument that gyms and health clubs are a significant source of outbreaks has been “debunked.”

According to the AG’s filing, the Minnesota Department of Health’s contact-tracing investigations have shown that apart from long-term care settings, gyms are among the settings most frequently associated with COVID-19 outbreaks in the state. MDH has traced 49 outbreaks and 750 cases of COVID-19 to gyms in the state.

Fahnlander also argues that less-restrictive alternatives exist to protect public health. The filing cites research conducted by Mayo Clinic that concluded that mask wearing, social distancing and hand washing work well in halting or slowing the transmission of COVID-19.

If a judge were to grant the state’s request of a temporary restraining order, Reiter and his fitness center “faces irreparable harm,” he wrote.

“The State waves this away as ‘temporarily closing to the public for four weeks.’ However, in practice this is likely to mean irreparable injury to and perhaps even the death of Defendant’s business,” the filing states. “This is in addition to the detriments to the health and mental and emotional wellbeing of the people who depend on Defendant’s business.”

The filing also argues that Executive Order 20-99 is unconstitutional and the governor overstepped his authority and violated the separation of powers.

“The Executive Order violates Defendant’s constitutional rights, as some activity is allowed, while other activity of equal or more danger is barred,” the filing states. “There is no rational basis for treating the Defendant differently than the other indoor facilities in which people are allowed to gather. The State has provided no evidence that exercise has been shown to lead to an increase in Covid-19 transmissions, instead, relying on studies that examine completely

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Can SF survive the fall COVID-19 surge? UCSF doctor responds

The deadly fall COVID-19 surge health officials have been warning about for months has swept the United States and is being blamed in part on Americans not wearing masks, as well as the onset of cold weather that is forcing people indoors, where the virus can spread more easily.

The average number of new cases per day in the U.S. has soared more than 40% over the past two weeks, from around 49,000 to about 70,000. Deaths per day have climbed from about 700 to almost 800.

So far, San Francisco has steered clear of the surge as the city continues to control the virus with its residents wearing masks, businesses and schools reopening slowly and scientists and politicians collaborating on public health orders.


Can the city survive what some are calling the third wave?

“I’ll go out on a limb and say yes … and hope that I’m not proven wrong,” Dr. Bob Wachter, chair of the Department of Medicine at UCSF, wrote in one of his weekly Twitter threads on the COVID-19 pandemic.

Wachter said that he’s hopeful S.F. won’t experience a fall explosion in cases based on how the city has responded to the virus with vigilance since the start of the pandemic, when Mayor London Breed declared a local state of emergency.

“When I walk or drive around SF, I see evidence of why Covid cases & deaths are the lowest of any big city in the U.S. Masking is near universal, Ubers & Lyfts have their windows wide open, & there are pop-up outdoor eating spaces everywhere,” he wrote.

He added, “History is with us: when all of California began to surge in June, SF was able to turn it around – whereas much of the rest of CA didn’t and was hit far harder. Ditto for the southern states.”

Coronavirus cases are spreading across the United States like wildfire, with infections on the rise in every state but Virginia, according to covidexitstrategy.org. Deaths are up in 34 states.

The states seeing the highest rates of newly confirmed infections are mostly in the Midwest and the Plains.

California has seen an uptick in coronavirus-related hospitalizations and intensive care admissions in the past two weeks, prompting renewed warnings Tuesday from Gov. Gavin Newsom and the state’s top health official even as newly confirmed cases remain well below the recent surge across much of the nation.

Statewide, hospitalizations increased 4.7% over the past 14 days and intensive care cases are up 5.9% over the same period. That contrasts with more than a month of double-digit declines in both categories after the state retrenched this summer and

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Innovative Medicines Canada Responds to Release of Patented Medicine Prices Review Board’s (PMPRB) Final Guidelines

Press release content from Accesswire. The AP news staff was not involved in its creation.

OTTAWA, ON / ACCESSWIRE / October 23, 2020 / Innovative Medicines Canada (IMC) issued the following statement today in response to the release of PMPRB’s final Guidelines:

“For the last five years we have raised concerns about the negative impact PMPRB’s amendments to the Patented Medicines Guidelines and Regulations will have on Canadian patients. The final Guidelines released today do nothing to relieve those concerns.

“If implemented, they will have a negative impact on Canadian patients. Specifically, innovative new medicines will not launch in Canada, depriving patients of potentially life-changing new treatments; we will see further reductions in the number of clinical trials in this country; and our life sciences sector will lose out on critical investments.

“The height of a global public health crisis is the worst possible time to implement regulatory changes that will have such a direct and negative impact on Canadian patients. This is made even worse because the Guidelines released today are the result of an inadequate consultation process that largely ignored the significant concerns raised by industry, patients, researchers and others.

“Fortunately, there is still time to find a better path. Our members remain committed to their offer to work with government on a solution that meets their important public policy objectives, without undermining Canadians’ access to new medicines, or driving away investment.

“In the meantime, we will continue to ask that Health Canada delay the January 01, 2021 implementation of the final PMPRB Guidelines until after the COVID-19 crisis is passed. At this time our collective focus should only be on the discovery, development and delivery of COVID-19 medicines to treat those infected by the virus, and vaccines to halt its spread.”

About Innovative Medicines Canada

Innovative Medicines Canada is the national voice of Canada’s innovative pharmaceutical industry. We advocate for policies that enable the discovery, development and commercialization of innovative medicines and vaccines that improve the lives of all Canadians. We support our members’ commitment to being valued partners in the Canadian healthcare system.

For further information:

Samantha Thompson

Media Relations

Telephone: 613-790-4555

E-mail:

SOURCE: Innovative Medicines Canada

View source version on accesswire.com:

https://www.accesswire.com/611988/Innovative-Medicines-Canada-Responds-to-Release-of-Patented-Medicine-Prices-Review-Boards-PMPRB-Final-Guidelines

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