Hours after Governor Doug Ducey ordered gyms to close due to an increase in COVID-19 cases in Arizona, the CEO of Mountainside Fitness said he was going to sue the governor.

Tom Hatten held a news conference at the Shea and Tatum location where he announced the lawsuit.

He criticized the governor for closing down health clubs, tubing, and movie theaters that were already closed, instead of places like Home Depot, casinos, liquor stores, and restaurants.

“I asked the governor, ‘Where’s the proof that this decision came from any evidence of what’s happening in any health club here in Arizona or across the country?'” Hatten said.

Hatten says the health club will be open on Tuesday, June 30, despite the fact that Ducey’s executive order requires gyms to shut down at 8 p.m.