Judge Blocks Culver City Gymnastics School's Indoor Sessions

SANTA MONICA, CA — A judge has issued a temporary restraining order against a Culver City gymnastics school and its owner, who is 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 on Thursday granted a request by the city of Culver City for the TRO, 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 said in their court papers that the school is a public nuisance and that the city staff received complaints about the school's alleged indoor operations.

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. The TRO against indoor operations is effective until that public order is vacated or amended.

The TRO will legally expire Oct. 28, at which time the judge will hold another hearing if necessary to decide if it should be extended.

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.

In his court papers opposing the TRO, defense attorney Drew H. Sherman said there no emergency warranted a TRO being issued, that the city did not provide the defense with proper service of the complaint and that the TRO does not specify what activities are to be enjoined pending the Oct. 28 hearing.

The city in March issued emergency orders to protect the public against the spread of the coronavirus. Over the ensuing months, various business sectors and activities were permitted to reopen within the city and Los Angeles County, subject to compliance with county protocols.
However, on July 13, due to increases in reported COVID-19 cases, Gov. Gavin Newsom issued an order that various categories of business must cease all indoor operations immediately, including gyms and fitness establishments, the lawsuit notes. About a week later, the city began allowing gyms and fitness facilities to operate outdoors on private property, subject to obtaining a temporary use permit from the city.

But starting on July 21, the city received numerous complaints from parents, neighbors and employees that the Los Angeles School of Gymnastics and Berenson continued to operate indoors in alleged violation of the state, county and city orders prohibiting such activities, the city's lawsuit alleges.

The city has tried to "educate and obtain voluntary compliance" with the city's public order, but the business has "failed, refused or neglected to comply," according to the suit.

Culver City Fire Department personnel went to the gym on July 22 and asked to speak with Berenson, but were told she was not present, the suit says. The CCFD members left updated business operation guidelines with the gym staff and were told during a later visit that the materials were given to Berenson and that she would follow them, according to the suit.

In late July, Berenson, by both email and telephone, advised county health workers that the gym would move all classes, camps and coaching outside, and she also spoke with the city and assured the staff of her intentions, according to the suit.

But on July 29, after additional complaints to the city, fire inspectors returned to the gym and saw 10 children inside engaged in an activity and another eight children being checked in for admission into the indoor facility, the suit alleges.

The city received more complaints about alleged indoor operations at the gym in early August, so the staff served a cease-and-desist letter, according to the suit, which says the city fire marshal determined during a visit to the gym that Berenson "was attempting to hide the fact that classes were taking place indoors."

During a subsequent stop at the gym, the city fire inspector found that indoor classes were in progress and a gym staff member said it was because "a rattlesnake had been observed outside," the suit says.

Culver City officials are enforcing health guidelines with fines and publicly sharing when local businesses violate the rules during the pandemic. The city is escalating how it enforces health guidelines for businesses and plans to issue administrative fines.

"Recognizing that these are difficult times for everyone, the city goes to great lengths to ensure that enforcement is educational in nature. However, in certain circumstances, businesses have refused to comply with public health guidelines, despite multiple attempts to obtain their voluntary compliance with the mandated re-opening protocols necessary to protect public health," the city said in a news release earlier this month.

- City News and Patch Editor Nicole Charky contributed to this report.

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