From: Morning Chalk Up
CrossFit Horsepower has filed a lawsuit against the city of Hermosa Beach, asking a judge to set aside the city’s earlier decision that Horsepower is a public nuisance, and to compensate the gym’s owners for the lost value of the business, as well as attorney’s fees and litigation costs.
In May, the city of Hermosa Beach held a public hearing about alleged noise complaints revolving around the gym.
The gym didn’t fare so well and in August the city council voted 3-0 to deem Horsepower a public nuisance, saying that neighbors and residents had been “greatly and adversely affected” by music, use of sidewalks for exercise and dropping of weights.
They gave them 90 days to meet their terms.
What were the terms?
Pretty much they dealt CrossFit Horsepower a deathblow: “Music or any audio must not be audible outside the business; no public streets or sidewalks can be used as part of class or routine; they cannot be open on Sundays; windows and doors must be closed at all hours of operation; and the use of free weights must be confined to the east side of the business with additional padding or measures installed to minimize vibrations until permanent soundproofing is installed.”
Horsepower said thanks, but no thanks, and filed their own complaint.
In the complaint, CrossFit Horsepower owners Jed Sanford and Dan Well said the city’s actions have caused “direct and incidental” injuries and damages to their business and that it’s all thanks to one Councilmember that worked to actively coordinate with complaining residents as early as May 2016 to shut down their gym.
CrossFit Horsepower was not able to comment but the complaint seeks reasonable attorney fees and damages, asks the City Council to reverse the decisions made about the gym earlier this year. Hermosa Beach officials have vowed to fight the lawsuit.
This isn’t the only time we’ve seen this. Earlier this year in New Zealand, we shared a similar story. One woman continuously complained about CrossFit Functional Fitness Te Awamutu in New Zealand. Ultimately, the city sided with the gym.