CANDOR (WBNG) — More than a month has passed since the beginning of phase four in New York State and gyms and fitness centers have still not been allowed to reopen. Now one gym owner in Candor is joining the fight to get those facilities reopened safely. “Most of us feel that exercise is medicine, and that’s probably why we’re such a vocal bunch– we feel like by being open we’re helping the situation– not hurting it,” he says. “Reports show that infections are rising in more than 40 states…We understand that some people aren’t happy – but better unhappy than sick or worse. We fully intend to defend the actions taken in these matters,” Conwall went on to say. “It’s a small mom and pop boutique gym here in Candor, NY. We cater primarily to helping women succeed with fitness,” he says. Fay also argues that big gyms and smaller fitness centers should not be lumped into the same category when it comes to making health related decisions. “When you talk gyms most people think large boxes with lots of people going in and out, personal training studios only have a few people,” he says. “We need to get back to where we were quickly, with a lot of the businesses still closed it’s putting a huge dent in our ability to recover,” he says. “We have our safety plan, we have our cleaning plan, we have all of our equipment required to clean, if they say masks that’s what we’ll do,” he says. For their part, the State defends the decision to keep gyms closed. Now over a month later, New York gyms are still closed and Fay says he’s looking for answers. He also argues that gyms should have been essential from the beginning, as they help people fight diabetes and obesity, two things associated with a higher risk of severe COVID-19 symptoms. Governor Cuomo’s office says they intend to fight the lawsuit. Fay says while his business is in a solid spot to weather the pandemic, he’s joining the fight on behalf of many fellow gym owners who aren’t so fortunate. “The actions taken by the Governor with respect to gyms and fitness centers are wholly consistent with the powers granted to the Executive by the Legislature. The measures the Governor has taken were intended to – and did – curb the rise of infection across the State. They also allowed us to avoid subsequent spikes of infection,” Governor Cuomo’s spokesman Jason Conwall told 12 News in part. Running Fay’s has been a way of life for Ron and his family for more than thirty years. Like all gyms, Fay was forced to close down due to the coronavirus, and they had hoped to reopen as part of phase four. “We told our membership okay here’s the day, this is the day we’re going to reopen and everyone was all excited to come back and then a few days before it was ‘gyms couldn’t,'” he says. “We’re ready to roll whenever the state is,” say Ron Fay, owner of Fay’s Fitness Co. in Candor. Fay argues that gyms and fitness centers can be reopened safely, and that’s why he’s joined a lawsuit with 600 other fitness facilities arguing that gyms should not be singled out. “When? That’s what we really want to know, when can we reopen?” he says.