Last Updated on May 18, 2020
Video has emerged from New York of a code inspector issuing a “no occupancy order” to a gym owner who remained open during the coronavirus pandemic, alongside an an order for the owner to appear in court, then attempting to forcibly enter the building to inspect the premises.
After a gym in the small town of Kinderhook, New York refused to comply with Governor Andrew Cuomo’s executive order forcing businesses to close during the coronavirus pandemic, a code inspector went to the man’s business to issue him an order to appear in court, a no occupancy order, and to conduct an inspection of the man’s business.
“I am a code enforcement officer from the town of Kinderhook,” said the officer, standing next to a uniformed policeman. “I am here to serve you with an appearance ticket and a no occupancy order.”
He continued, “This is an appearance ticket, it’s returnable by mail, to the town of Kinderhook. June 16 at 6 p.m., unless you are notified otherwise, that is when you are scheduled to appear in court.”
The officer then told the gym owner that he was also being served a no occupancy order, in which the government mandated the gym be vacated and cease and desist all business operations until the government says otherwise.
“This is an order to, a no occupancy order, pursuant to the foregoing you are hereby ordered to immediately vacate the subject facility, and cease and desist from any further occupancy,” said the officer, noting the “gym and fitness center” was to remain closed until Cuomo’s executive order is modified or rescinded.
The gym owner, apparently on the phone with his lawyer, repeatedly attempted to hold his phone so the lawyer could hear the conversation, prompting the inspector to back away from the phone and insist that he will not speak to a lawyer.
“I am not speaking to an attorney, I am here on official business,” the officer added.
The officer then began walking toward the gym, saying “I am now going go inside and am going to vacate the building.”
At this point the person recording the video and the gym owner loudly told those inside to lock the door, preventing the officer from entering the premises.
When the owner of the gym began questioning the legality of the order, the officer became visibly defensive, and left the area. The uniformed police officer then confirmed that the gym owner intended to consult his attorney, and proceeded to leave as well.
New York continues to persist under a severe lockdown order, despite Cuomo previously acknowledging that every model and prediction regarding coronavirus cases and deaths has “been 100% wrong at this point.”