Judge Blocks Culver City Gymnastics School's Indoor Sessions

CULVER CITY, CA — A judge issued a preliminary injunction Wednesday against a Culver City gymnastics school and its owner, who have been accused of holding indoor classes and activities in violation of a local order aimed at limiting the spread of the coronavirus.

Santa Monica Superior Court Judge Mark A. Young granted a request by the city of Culver City for the injunction, which was brought in connection with a lawsuit the city filed Sept. 1 against the Los Angeles School of Gymnastics on Higuera Street and owner Tanya Berenson.

Lawyers for the city stated in their court papers that the school is a public nuisance and that city staff have received complaints about the school's alleged indoor operations. Attorneys for the defendants countered that the public health order does not apply to their clients because they are a private school and not a gym or fitness center.

"Here, plaintiffs have presented evidence that defendants engaged in a per se public nuisance by allowing indoor recreation in their building creating a condition on real property that constitutes a health or safety hazard to the community or neighboring properties," the judge wrote. "It is of no moment that defendant Los Angeles School of Gymnastics is not a gym. The court finds that plaintiff's evidence has shown that defendants are engaging in an ongoing public nuisance."

The same judge issued a temporary restraining order against the defendants on Sept. 10.

The city's zoning code precludes the outdoor operation of gyms and fitness establishments, so the city manager on July 21 issued a public order suspending the enforcement of that zoning code provision to allow gyms and fitness facilities to operate outdoors on private property if owners obtain a temporary permit from the city.

Berenson previously told City News Service that she has not violated any health orders and has conducted all sessions and classes outdoors according to Gov. Gavin Newsom's health orders issued in July.

She said none of her 600 students has contracted the coronavirus at the gym and that the business is a pillar in the Culver City gymnastics community that helped send Valerie Zimring-Schneiderman, a rhythmic gymnast, to the 1984 Olympics in Los Angeles.

Berenson said the legal efforts against the school and its children's activities center represented a "really sad day" in Culver City.

- City News Service