CAPE CORAL, Fla. — Florida gyms and fitness centers are set to reopen Monday as the state moves fully into Phase 1 of reopening.
Patty Cummings, owner of Astro-Durance and P2 Personal Training in Cape Coral, and candidate for city council is suing the state of Florida, and Lee County for shutting down her business without providing proper restitution.
Cummings and Tampa based lawyer, Jay Lechner claim the Governor and Lee county’s order to close gyms and other businesses violated the constitution, stating state law-making powers are not to be delegated to local branches, certain closures violated due process clauses, which protect against excess governmental power, and private property can not be taken without proper compensation
She is suing but for federal funding cares act funding delegated to each state.
“They owe all businesses monies that were lost. Businesses were shut down they have money sitting in place for every business that had to close down, ” said Patty Cummings.
She says this fight is for the many small businesses yet to receive COVID-19 relief funding.
“Many people want to continue on with their lives, many people want to take caution, that’s fine but let the small businesses stay afloat, stay alive,” said Patty Cummings.