Custom Fitness of Cedar Rapids is now engaged in two lawsuits related to government oversight of its swimming pool. (Photo via Google Earth)
An Iowa company accused of endangering the public health is now suing the state over an alleged three-year refusal to review its plans for swimming pool repairs.
Custom Fitness, which is owned by Jason Bailey and Whole Health Natural Foods LLC, is suing the Iowa Department of Inspections, Appeals and Licensing in Polk County District Court. Also named as a defendant is Linn County, which is currently suing Custom Fitness over the company’s alleged refusal to comply with orders that the pool remain closed to protect the public health.
Court records indicate that in March 2015, Custom Fitness, which currently has about 1,800 members, acquired an existing fitness club and swimming pool located on Wilson Avenue in Cedar Rapids.
In October 2020, Linn County and the Iowa Department of Public Health inspected the pool and spa and identified deficiencies that placed the company out of compliance with state regulations. The inspectors took the position that Custom Fitness’ replacement of a broken water heater and replacement of broken filters constituted “reconstruction” of the pool. That determination, in turn, required Custom Fitness to bring the 1980s-era pool into compliance with new regulatory requirements.