LAS VEGAS (FOX5)-- The owners of a northwest valley CrossFit gym filed a lawsuit Wednesday against Metro Police (and specific officers), the State of Nevada, and Governor Steve Sisolak.

Attorney Craig Mueller file the lawsuit Wednesday on behalf of the Cole family which alleges their gym “is adversely affected by Governor Sisolak’s actions, and their fundamental right to associate with customers, business associates, co-workers, friends and family and utilize their privately owned property have been unjustifiably infringed by Governor Sisolak’s emergency directives and orders.”

The saga started about a week earlier when Metro Police showed up to a staff meeting at the northwest valley gym as they discussed reopening against the governor’s directive.

“Two officers walked in and began to threaten us with our business license and jail time,” Owner, Chad Cole, told FOX5 over the weekend.

A video taken from inside shows four Metro personnel including Police Lieutenant, Nathan Chio, who talked to FOX5 on Tuesday.

“I was on their video that they posted,” Chio said. “I don’t know why they said we were threatening. We were basically there to inform them what would happen if they were to decide to open.”

Now, he’s listed in CrossFit Apollo’s lawsuit alongside the other three Metro personnel who came into the gym.

“Our lawsuit is not meant to be an attack on police officers,” Cole said.” It’s meant to be a caution that they prioritize their oath, not their superiors.”

The Police Department as a whole, Governor Sisolak and the State of Nevada are also listed as defendants.

“We filed an injunction relief the tour gym and others in the same category will open immediately,” Cole said.

He added that they’re still fully prepared to move forward with reopening against the directive, but they’d rather do it lawfully if the Governor allows it. Cole pointed out that large retailers recently being allowed to reopen have given him hope.

“The thing is we’re fighting a battle on both ends here – through civil disobedience, which we still fully intend to do if necessary, and then the legal side of things,” Cole said. “One can affect the other and we’re not willing to risk that.”

Copyright 2020 KVVU (KVVU Broadcasting Corporation). All rights reserved.

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(8) comments

DesertDonna52

I'm pretty sure a declared health emergency, such as a pandemic that is killing millions, supersedes a person's personal rights!

TruthBOMB

Donna, perhaps this post was a tongue-in-cheek attempt to see how many fish you could catch, and if so I applaud you. But if you were actually serious then please consider the following inconvenient truths: There are roughly 7.5 billion people inhabiting planet earth. Of them, 330,000 have died (not the "millions" you purported in your post). Based on this data, your statistical probability of dying of the 'VID is 1 in 22,727. You're more likey to die choking on a cabbage leaf or drowning in your own bathtub. There are 350 million Americans, of which less than 1/3 of 1% of the population has perished. Of that 93,000 people, the overwhelming majority are elderly &/or have multiple pre-existing conditions that ultimately led to the opportunistic death once they contracted Coronavirus. The one person I personally know who got it is diabetic and grossly obese. She lived regardless. As a species, humans are a flash in the pan. We are the only species that is harming the earth or is substantially overpopulated. A pandemic is nothing more than nature's way of saying, "There are far too many of you here and I need to balance the books a little if this is going to continue." It's not personal. It's just one of a system of checks by what used to be an ecosystem in perfect harmony. There is no species on earth not named "us" that would be willing to lock down its entire population because the weakest 1% are perishing. Enter the federal government, powered by a group of elite "representatives" in an election year. Since neither side wants to be on the wrong side of an emotionally charged narrative, they all just agree to make 100% of our population feel the economic repercussions of shutting us down. For every stimulus check in your mailbox, your politicians are siphoning a million to be misappropriated somewhere else, like say, $80 million to Planned Parenthood (who are ironically charged with curbing overpopulation). While you stay inside and order masks on Amazon, Jeff Bezos is dancing like Gregory Hines on the graves of small business owners in America. Might I remind you that the American Dream used to be to "own a business." The government has now "empowered" us to judge and label each other in new and exciting ways ("I'm essential, you're not." "That person is not wearing a mask. He's irresponsible" or better yet "He's a murderer!") while the sheep who blindly obey are being robbed blind while their future generations are being sold into bondage through runaway deficit spending. I'm sorry if you feel afraid of the Coronavirus and I do empathize with your position. I feel compelled to help provide an alternative perspective so that as Americans we can make properly-informed choices and hold our "representatives" accountable. I only hope that your reading this will help you assess the big picture and live accordingly. I leave you with a quote from one of our Founding Fathers, Benjamin Franklin: "Those who would give up essential liberty to purchase a little safety, deserve neither liberty nor safety."

anon8218

Pretty lengthy respond with a lot of inaccuracice. Why do we have (and mostly support) DUI laws? I mean, there are ONLY about 10,000 deaths per year for the whole country, however, so much time and tax payers dollars are used to keep those numbers down. Also, the biggest piece you are missing here, is the basic math: So far just in May 2020, there are 5,159,674 reported cases world wide with 335,418 deaths, which is an average of 6.5% death rate. Of the 5,159,674 cases, not all of them have went the 14+ days, so the deaths trail, so the % may go slightly up or down. Second, once the world's population have 100% been infected (7.5billion) @ 6.5% death rate, this would be 48.7 Million deaths. Of course, the measures that were put in place helped keep the death numbers low. Can you imagine all the people who were hosliplizalitzed, and recovered, would have maybe not even had a hospital to goto if the systems were overwhelmed? Look at Brazil, they are seeing this. Of course, you can think however you like, but to bring math and science into this helps a lot.

DesertDonna52

Thank you, anon8218!

JimV

wise move in hiring Craig Mueller. I fired Wolfson, and hired Mueller, and won in court.

Hopefully Metro will see a reduction in force, after layoffs, caused by tax shortfalls, so they can get back to normal police duties. Once again, your sheriff needs to grow some #alls.

False!

Please let them reopen, I will show up and once I contract the covid 19 I'll sue them for everything! I'll then build my own gym in my house!

gladILeftshtyVegs

Ret*ards have to m*ron somehow, it's the way of the under educated mor*ns that live and breathe in Las Vegas. The ultra-capitalist city of the saltiest lake bottom of the west. Nothing but racist old people and dumb citizens who barely pass 8th grade, that's being nice. The perfect pigeons to spend their money in casinos and addictions.

TruthBOMB

I'm sorry your experience in Las Vegas was so negative that you still feel compelled to spout about it when, by your own admission, you've left for greener pastures. I hear your pain. Many hear your pain. Many of us are out of work and feeling pain too. Imagine what the world would be like people such as yourself replaced hateful words with acts of kindness. You could start making a difference today.

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