ROCHESTER, N.Y. (WROC) — Some area gym owners say they are considering bringing a class-action lawsuit against the governor, because they say they’re being treated unfairly by the state.  But one gym in Webster is taking a different approach.

Looking at an empty gym is getting old for Todd Levine, owner of Gold’s Gym in Webster.

“It hurts a lot,” Levine said Tuesday.

New safety measures are ready for use at Gold’s Gym, but the governor delayed gym openings.

And Levine doesn’t think a lawsuit is the best way to fix the problem.

“I think it’s the wrong approach and I think a conversation is warranted obviously,” Levine said.  “We just joined a brand new association of what I would call some of the finer health clubs of New York State and we are having conversations, we have support from senators we have support from many assembly people,” Levine added.

Meanwhile, regarding the potential of a lawsuit, a spokesman for the governor released this statement:

“While we cannot comment on a lawsuit that has not even been filed yet, every decision we make is based on data and expert analysis, and we are continuing to study how and when indoor gyms and fitness centers can open safely,” said Jack Sterne.

The governor says they’re still studying how best to reopen gyms safely.

Although Levine doesn’t plan on being part of any potential lawsuit, he says the waiting game is getting old.

“I’m kind of sick of my phone, I stare at our group conversation of this association and I wait for word because again,  we can get cut at 11th hour and I’m a little bit frustrated with the lack of communication from local government officials,” Levine said.

— 13 WHAM