Case Number: PC-2020-08357

Filed in Providence/Bristol County Superior Court

Submitted: 12/3/2020 2:19 PM
Envelope: 2860120
Reviewer: Alexa G.

STATE OF RHODE ISLAND : SUPERIOR COURT

PROVIDENCE, S.C. :
:
STATE OF RHODE ISLAND :
By and Through, :
ITS RHODE ISLAND DEPARTMENT :
OF HEALTH :
:
v. : 08357
C.A. No.: PC-2020-_____
:
FOURTH MAXX LINCOLN LLC :
:
dba :
:
MAXX FITNESS CLUBZZ :
:
:

PLAINTIFF STATE OF RHODE ISLAND’S MOTION FOR A TEMPORARY

RESTRAINING ORDER, PRELIMINARY INJUCTION and MANDATORY
INJUNCTION

Now comes the State of Rhode Island, by and through the Rhode Island Department of

Health (hereinafter “State”), and hereby petitions this Honorable Court for a Temporary

Restraining Order, Preliminary Injunction and Mandatory Injunction against the Defendant,

Fourth Maxx Lincoln LLC dba Maxx Fitness Clubzz, (hereinafter “Maxx Fitness”) which owns

and/or operates a facility located in the Town of Lincoln, RI.

The State contends that on or about November 30, 2020 and continuing on an ongoing and

daily basis said Maxx Fitness has continued to operate and conduct business as an indoor gym and/or

health fitness center and/or conduct indoor or outdoor group fitness classes in violation of Executive

Order 20-100 (hereinafter “Order”)(State’s Exhibit #1); the Rhode Island Department of Health’s

Immediate Compliance Order (hereinafter “Compliance Order”) issued pursuant to RIGL 23-1-21.

The Order mandates that all such gym and/or health fitness centers cease indoor operations and

close for a “Pause,” so-called, from November 30, 2020 until December 14, 2020 and/or as may be

extended by further order of the Governor. On or about December 1, 2020, after an onsite inspection of
Case Number: PC-2020-08357
Filed in Providence/Bristol County Superior Court
Submitted: 12/3/2020 2:19 PM
Envelope: 2860120
Reviewer: Alexa G.

Maxx Fitness by health inspectors employed by the Rhode Island Department of Health, Maxx Fitness

was observed to be open for business and operating indoor operations as a gym and/or health fitness

center in violation of the Order; the Compliance Order issued pursuant to RIGL 23-1-21. Therefore, the

State hereby respectfully requests that the Honorable Court forthwith:

(a) Restrain and Enjoin Maxx Fitness from engaging in any further indoor

operations as a gym and/or health fitness center and any—indoor or outdoor—group

fitness classes;

(b) Order Maxx Fitness to pay a fine of Five Hundred ($500.00) Dollars per day

for each day Maxx Fitness is open and operating indoor operations as an indoor gym

and/or health fitness center and any indoor or outdoor group fitness classes in violation of

the Order and Compliance Order;

(c) That the State be granted any other and further injunctive relief this Honorable

Court deems appropriate and just.

Respectfully submitted,
Plaintiff, State of Rhode Island
By and through its Attorneys,

//s// Matthew B. Smith

_______________________________
Matthew B. Smith, Esq. (#4120)
Morgan Goulet, Esq. (#9612)
RI Office of OHHS
RI Department of Administration
Division of Legal Services, 4th Floor
Providence, Rhode Island 02908
(401) 222-8880
(401) 222-4280 {Fax}
Email: Matthew.Smith@doa.ri.gov
Morgan.Goulet@ohhs.ri.gov

4
Case Number: PC-2020-08357
Filed in Providence/Bristol County Superior Court
Submitted: 12/3/2020 2:19 PM
Envelope: 2860120
Reviewer: Alexa G.

DATED: December 2, 2020