A Maricopa County Superior Court judge refused to find Gov. Doug Ducey in contempt late Monday.

The judge found several problems with the Department of Health Services’ process to allow gyms to reopen in counties where substantial risk of COVID-19 remains.

Judge Timothy Thomason agreed with the attorney for Mountainside Fitness, Joel Sannes, who argued that places like gyms are not told what will or will not satisfy the state. The judge said the lack of standards is troubling.

"The thing that gives me a little concern is the fact that if you're in the substantial category, there aren't any standards," Thomason said. "It is a little bit shooting in the dark." 

But Thomason said Ducey has technically complied with his earlier order, which requires some sort of waiver process at fitness centers. He pointed out that two such businesses, EoS Fitness and Training for Warriors-Estrella, have managed to navigate the procedures.

Sannes said they still don't know under what terms EoS was allowed to reopen.