said we don't think this one should be open. >> but it was based on risk criteria, not targeting tom hatton. >> no, absolutely right. >> we're showing b roll. you can put it back up. it's more interesting than my face. hatton is a good-looking guy, but cover me. we have b roll of one of your gyms. it looks like a typical nice gym. but nobody's got masks on. everybody is grabbing weights there is a cleaner walking around cleaning things. she has a mask on, but the people working out don't. and on the wall interestingly is a slogan. effort is your responsibility. now how does that slogan apply to you, tom in terms of this sucks and i know they have relief to try to help businesses stay alive and i know this is hard. we've seen the casualties. but isn't the effort, to keep people safe, your responsibility and a gym is just too big a risk in a place with cases going crazy? >> absolutely. you know where i look at it is the effort is the responsibility of leadership. if the epidemic -- the pandemic is at this level, then everybody needs to close. waking up one morning and deciding i'm going to cl

good time now to bring in tom hatton. he is the ceo of mountainside fitness.nks for having me. ashley: you sued the governor over his lockdown orders but the judge said, you have to remain closed. are you going to follow those orders? >> you know, absolutely and we had said that when we defied the order last week, we said that we wanted to get to a temporary restraining order hearing which was on monday. then we would, comply with whatever that ruling was. we were actually really excited with judge thomas -- not the outcome of ruling which was a no but all the language inside which really, you know, made some points to the state, what they have given the governors too much wide-ranging authority under eo and he wants to that change immediately. ashley: how are you staying in business? you went through the lockdown. then you reopened. now you're having to close again. how are you surviving? >> well, it's tough. the first lockdown, we have 1500 employees. so we weren't, we were not able to get any kind of government assistance. so we had to do it truly through n