ERIE COUNTY DEPARTMENT OF HEALTH PROVIDES STATEMENT ON CIVIL PENALTY FOR ATHLETES UNLEASHED

ERIE COUNTY, NY – The Erie County Department of Health (ECDOH) is providing the following statement in response to multiple media inquiries about enforcement actions at Athletes Unleashed at 3646 California Road, Orchard Park, New York.

On Tuesday, November 24, a public health sanitarian from the ECDOH Division of Environmental Health delivered a stipulation document to Athletes Unleashed. An individual who identified himself as the owner refused to accept delivery, and the document was taped to the front door of the business.

The stipulation charged this facility with violations of New York State Public Health Law, New York State Rules and Regulations, Executive Orders And New York State Sanitary Code, 10 NYCRR Subparts 66-3.3(a) and (d). Those charges were related to a non-essential gathering of approximately 40 people on November 20, 2020 that was verified by an ECDOH inspection.

At the time of the inspection on November 20, 2020, the facility address was located within a NYS Cluster Action Initiative Orange Zone, as defined by NYS Executive Order 202.68, with a non-essential gathering limit of 10 persons. Further, during a non-essential gathering, the business owner, building owner and those otherwise authorized on their behalf, or otherwise authorized to use the building did not deny entry to attendees who were not wearing a face covering, as verified by an ECDOH inspection.

Under Sections 12 and 206 of the New York State Public Health Law as modified by NYS Governor Order 202.68, any individual who encourages, promotes or organizes a non-essential gathering shall be liable for a civil penalty not to exceed $15,000 per day. The stipulation included notice of a civil penalty in the amount of $15,000 to be paid by December 19, 2020.

Link to 11/24/2020 Athletes Unleashed stipulation document

#

• Erie County Department of Health (ECDOH), COVID-19: http://www.erie.gov/covid19
• ECDOH, COVID-related Complaints: https://www2.erie.gov/health/index.php?q=online-complaint-form
• NY Forward: forward.ny.gov

###