Anytime Fitness must operate in line with the towns regulation health clubs, a Plymouth Superior Court judge has ruled.

That decision will be appealed, according to Rob Kraus, attorney for Anytime Fitness owner Jake Pylant.

At issue is the towns requirement that a staff member trained in the use of an automatic external defibrillator must be on duty at health clubs in town during business hours, or 24 hours a day, seven days a week in the case of Anytime Fitness. The gym is located at 187 Summer St.

While he respects the judges decision that the towns bylaw is valid and enforceable, he disagrees, Kraus said. In challenging the towns bylaw, he said state law should apply.

State lawmakers created a law that provides for access to convenient, affordable fitness clubs like Anytime Fitness, he said. Its disappointing the health board saw fit to adopt a more stringent regulation.

Anytime Fitness and Pylant, a franchisee, sued the town in May 2011, claiming that the Board of Healths regulation was unenforceable because it conflicted with an act of the Legislature. State law says the AED requirement only applies when staff is on duty during business hours.

Associate Justice Robert Cosgrove disagreed that there was a conflict. In his decision he wrote, But no comparable inference fairly arises that the Legislature intended to prohibit a health board from imposing more extensive requirements; again, had the Legislature intended such a result, it simply could have said so.

Board of Health Chairman Joe Casna said he understands the boards decision poses a hardship for Pylant, but that it would be unsafe for a health club to be open without a staff member on duty who has been trained in the use of an AED.

At the end of the day, its a matter of public safety, he said. I think there should be staffing there under any circumstances.

Casna said he sympathizes with Pylant and hopes Pylant can adjust his business plan so it wont hurt him financially, but that circumstances dictate the business cannot continue as usual. He said its vital that someone with training is present, because AEDs can save lives.

Original post:
ANYTIME FITNESS: Court sides with Kingston Board of Health