Custom Fitness of Cedar Rapids is now engaged in two lawsuits related to government oversight of its swimming pool. (Photo via Google Earth)
The state of Iowa is contesting a Cedar Rapids company’s legal efforts to reopen a swimming pool that allegedly poses a threat to public health.
Custom Fitness, which is owned by Jason Bailey and Whole Health Natural Foods LLC, is s uing the Iowa Department of Inspections, Appeals and Licensing in Polk County District Court. Also named as a defendant is Linn County, which is currently suing Custom Fitness over the company’s alleged refusal to comply with orders that the pool remain closed to protect the public health.
The county filed that lawsuit in 2022, shortly after a case of legionellosis, also known as legionnaire’s disease, was identified in Linn County. The individual who was sickened had attended swim classes at Custom Fitness and had to be hospitalized, the county alleges.
Court records indicate that Custom Fitness, which currently has about 1,800 members, had its pool inspected by Linn County and the Iowa Department of Public Health in October 2020, after which the pool was declared out of compliance with state regulations.
In January 2021, IDPH issued a notice stating that unless the deficiencies were corrected, the pool would be closed. Custom Fitness then submitted drawings and plans for bringing the pool and spa into compliance. The state, the company claims, has failed to review and approve those plans over the past three years.
The company is now seeking a court declaration that the replacement of electric water heaters and filters in the pool do not constitute “reconstruction” that would require a permit, and it’s seeking compensation for financial losses the company has incurred.
In response, lawyers for the state told the court this week that the company never appealed IDPH’s decision to revoke the license – which the state calls a “registration” — to operate a swimming pool and spa.
“Because (the company’s) registration has been revoked, they will not be legally able to reopen their swimming pool and spa until they first apply for and receive a registration,” the state alleges. The state argues that even if the court were to grant the order sought by Custom Fitness, the company would still be unable to reopen the pool and spa.
In the meantime, Linn County’s lawsuit against Custom Fitness over its alleged defiance of orders to keep the pool closed is continuing.
In that lawsuit, the county alleges that in March 2021, it posted notices at Custom Fitness notifying the public that pool was closed, but that someone removed the signs and the pool was reopened without state or county authorization.
A trial in that case is scheduled for Dec. 17, 2024.
Most Popular
Comments / 0