COLUMBUS, Ohio —  David Virant is preparing for the day two weeks from now when he can reopen Main Street Gym in Geneva. 

“They’re just chomping at the bit to get back and workout,” said Virant. “I have a lot of people who want to workout and they can’t. It’s their release, it’s what they do.”

    What You Need To Know

    • Governor DeWine said gyms can reopen on May 26 

    • 35 gym owners filed a lawsuit against the Department of Health

    • The lawsuit claims they were deprived of their constitutional rights 

Virant has owned his gym since 2007 and is among 35 gym owners who filed a lawsuit against the state health department and the Lake County General Health District.

"I wanted to get our voice out there. I felt like it was important. What was happening just didn’t seem right. It seemed like we were singled out whereas other business were allowed to be open," said Virant. 

The lawsuit points out the facilities were not included in the state's plans to reopen business before now. It also claims gym owners were deprived of their constitutional rights. 

"I wanted to be a part of it because I believe that we are an essential business. Gyms are essential," said Michelle Armstrong, owner of Armstrong Fitnesss in Madison.

She believes her gym is ready to open up safely and get back on track financially. 

"We have offered sanitizer at all times. We have disinfectant," said Armstrong. "We do have some members, they are working and they have graciously said, please continue my dues, and we have offered them a credit when we can open. "

The Lake County General Health District told Spectrum News it doesn't comment on pending litigation, and the Department of Health has not yet responded to our request for comment.