“They asked the court to stop us from doing business for the duration of the lawsuit,” said Jim Wicks, an attorney representing CrossFit. “It would’ve been unfair to us — those cases could take a year or two to go to trial, and it would have put us out of business.”
On Oct. 9, Galasso denied the injunction, saying that the plaintiffs had not “shown a danger of irreparable injury in the absence of an injunction …”
Kelly said he intends to appeal Galasso’s ruling. “[Hamlet] is not looking to put CrossFit out of business,” Kelly said. “He’s just looking to stop the weight dropping, noise and vibrations … he wants to do business in his office without the building shaking.”
Hamlet, who owns the adjacent building and is a member of the city’s Zoning Board of Appeals, claims that the repetitive dropping of weights is like “an earthquake” or “action movie fight scene.” At times, he said in court documents, the classes spill out onto the sidewalk, and he claimed that two women were nearly hit by runners during an exercise routine.
CrossFit claims that while its training involves weightlifting, it is not done every day, but rather for a total of 20 to 30 minutes between 9 a.m. and 5 p.m. a few days a week.
“We have our members run outside,” Pastuch said. “They’re no more dangerous to people walking on the sidewalk than your casual jogger.”
Pastuch said that more than $100,000 was spent to build the gym and a connected chiropractic and physical therapy office. The defendants acknowledged in court documents that the gym makes noise, but nothing out of character with the West End, with its bustling bars and restaurants. Pastuch said that aside from Hamlet, CrossFit has a good relationship with many businesses in the area.
Numerous steps were taken to address the noise, he added. A new floor was installed in January, with additional matting and other materials to reduce the noise.
“When we first opened … we didn’t have our matting down or anything like that,” Pastuch said. “We let [Hamlet] know that it was not going to stay this way … and we matted the floor. He told us it was still loud … we put in an entire new wood subfloor that was detached from his girder so there would be no vibrations.”