Garrell Cohon Kennedy LLP, Attorneys at Law

In the News



Bixby Knolls Crunch Fitness Pleads Guilty to Violating Coronavirus Health Orders this Summer

By Fernando Haro Garcia, Wednesday, December 29, 2021

photo of attorney symbols on desk

The corporation that operates the Crunch Fitness gym in Bixby Knolls has agreed to about $10,000 in penalties to settle criminal charges that it illegally stayed open during industrywide shutdowns meant to slow the spread of COVID-19 this past summer.

Long Beach Fitness LLC, the corporate operator behind the Crunch Fitness facility in Bixby Knolls, was cited three times in July for failing to comply with state and citywide health orders, City Prosecutor Douglas Haubert said.

The violations came after Gov. Gavin Newsom announced indoor operations at some businesses, including fitness centers, had to close immediately after a surge in coronavirus hospitalizations. In Long Beach, the majority of businesses complied with the rules by closing, posting health protocols publicly, requiring employees and customers to wear face coverings, or—for restaurants—doing away with indoor dining for a time.

However, between April and July, seven businesses in Long Beach received administrative citations for COVID-19 violations.

"What the city did during COVID is they spent a lot of time giving administrative notices,” Haubert said. “And only if business continued to operate, they would be given a criminal citation."

Crunch Fitness in Bixby Knolls was one of only two businesses that were criminally cited. The other was Restauration, a restaurant on Fourth Street, whose case is still winding through criminal court. Restauration’s owner stayed open even in light of the criminal charges before eventually shutting down for good.

In Crunch Fitness’ case, the company immediately responded to the incident “as soon as the issue worked its way up to the corporate ladder,” according to Peter Garrell, the lawyer representing Long Beach Fitness LLC.

Yesterday, Long Beach Fitness LLC entered a plea agreement, pleading guilty to one count of violating the statewide health order and three counts of violating the city’s health order.

According to the agreement, Long Beach Fitness LLC has agreed to pay back $1,117.95 in investigative costs to the city. And in an effort to offset the negative impacts of the pandemic, Long Beach Fitness LLC will donate $5,000 worth of memberships and $4,000 worth of gym equipment to the Long Beach Unified School District—an idea that was sparked during a meeting between Garrell and Haubert.

"I am pleased the owners of Crunch Fitness have agreed to take responsibility for the health order violations that were committed in 2020, and have committed to making sure they follow all public health orders in the future,” Haubert said. “I think the creative agreement to settle this case not only puts an end to this chapter, but it will benefit local students who were impacted by COVID-19 shutdowns. This is a fair outcome that benefits the community and protects the public health going forward."

In this case, because the company accepted full responsibility for its actions, it will be allowed to withdraw the guilty plea and have the case dismissed in six months, as long as the company continues to abide by health orders and other laws, Haubert said.

The two Crunch Fitness employees named in the criminal citation for the July 19 violation will also have their prosecutions dismissed. They were named in the citation because there needs to be a person present for a criminal charge said Garrell, who also represented the two employees.

Assuming they and the company comply with the plea agreement, the case against the employees will be dismissed without any further penalty for them.

"They just happened to be the individual that was on site," Garrell said. "They’re pleased with the outcome."

Crunch Fitness is a New-York based company with over 300 fitness center franchises in three countries. There are two located in Long Beach.