LAS VEGAS (KTNV) — At the grocery store or in the office, we’re all required to wear a mask when indoors. But one valley woman says not everyone is following the rules. 13 Action News anchor Tricia Kean speaks with a local who says she doesn’t feel safe and it’s an issue that’s costing her money.
“They’re just going about their business. No mask. I thought this is crazy,” says Anne Miller.
She says no one is wearing a mask at her gym. She shared video at the Las Vegas Athletic Club located near Eastern Avenue and Interstate 215.
NOTHING I CAN DO
She claims it’s the same issue at all LVAC locations. She complained to management but says it didn’t help.
“I asked them if it was required to wear a mask and they said yes… I said but nobody’s wearing a mask in the gym. He goes, oh there’s nothing I can do about that,” Miller says.
FOLLOW THE RULES
She says she’s stopped going to the gym.
“I haven’t gone because of what’s going on. If the government does a mask mandate we’re supposed to follow the rules… I’m done with them,” Miller says.
There’s just one snag. Like every other member, Miller signed a contract and says LVAC isn’t letting her out of her agreement.
“If I was going to the gym, of course I’m going to pay for a service. But why pay for something that you’re not using?” Miller says.
13 Action News reached out to LVAC’s corporate office. But no one there was willing to speak with us about this issue.
So we wanted to know, does Miller have the legal right to stop paying LVAC?
“In essence, she is getting what she agreed to. She has access to the club. The club is not breaching the contract,” says Attorney Peter Aldous with the Legal Aid Center of Southern Nevada.
He admits LVAC is obligated to provide a healthy place to exercise. So Miller could try arguing in court that the gym failed to provide a healthy environment.
RISK OF COLLECTIONS
But she’s also at risk of LVAC taking their own legal action.
“She’s absolutely at risk of being sent to collections… She’s very likely to get derogatory information on her credit report if she does not make the payments under the contract,” says Aldous.
Miller can also file two different complaints. One complaint with the city or county where the business is located, claiming guests or customers aren’t wearing a mask. Another complaint can be filed with OSHA.
“OSHA is responsible for workers’ safety. So we have the responsibility of enforcing the Governor’s directives involving COVID-19, specifically for employees,” says Victoria Carreon with OSHA’s Division of Industrial Relations.
She says employees are required to wear masks indoors, including gyms.
“We do currently have two open inspections in gyms in Clark County,” says Carreon.
But OSHA couldn’t provide any information about what facilities are under investigation.
As for Miller, she says she’s not giving up and plans to file those complaints with OSHA and the county.
NOT THE CASE
“I signed a contract based on; the facility follows the government mandates. Hoping that when I go to the gym and I work out, everyone’s following the rules. That wasn’t the case,” says Miller.
Businesses that violate the mask mandate typically receive a notice and if necessary can be fined.
If customers are not wearing masks at a business, then file a complaint with the city where it’s located or Clark County. If an employee is not wearing masks at a business, then file a complaint with OSHA.