Derek Alessi, Ph.D, has filed a complaint against the Empire State Development Company of New York citing restraint of trade and in violation of Equal Rights Under Law Contrary to the US and New York Constitution. Derek Alessi, Ph. D. has been practicing in the field of fitness and nutrition for over 26-years. As an exercise scientist and nutritionist, his company Dr. Derek Health and Fitness helps people with nutritional counseling, personal training and weight loss management.
Like many, Alessi has patiently been waiting for the various stages of the New York state reopening plan. His business, NAICS code 812191 – Other Personal Services; Diet and Weight Reducing Centers, falls under Phase Three of the NYS plan, which means he can reopen, but with restrictions. The restrictions are exercise appointments, except for remote streaming services are to remain closed. This causes a problem for Dr. Alessi’s clients.
Alessi maintains that his program consists of three primary pillars, nutritional counseling, personal training and weight management with accountability. He does not sell memberships, but rather has a private clientele that takes part in the entire program. Furthemore, he is not open to the general public and clients must start with a comprehensive evaluation and consultation.
According to Dr. Alessi – “My clients are mostly between the ages of 40-75 years of age, they are educated, well-intended individuals who want to lose weight, drop body fat and improve the quality of their lives. They have tried health clubs and home fitness equipment without success. Over 65% of my clients have at least one underlying condition and over 50% have more than one condition.”
Further, “One thing that we have learned from COVID-19, is that it discriminates based upon age and underlying conditions. I teach that if you have an underlying condition, and you are not practicing proper healthy habits, it will shorten the length and quality of your life. I never imagined that the shortening might be as soon as this year!”
Derek Alessi understands that New York state is apprehensive about opening big-box fitness clubs due to communicable problems that Covid-19 presents to management. However, he contends that his business is far from a big-box gym, rather more like a physical therapy or doctor’s office.
“I have followed all of the policies and procedures. I have hired a commercial cleaning company to clean and disinfect my buildings down to the nail heads. I have used ultraviolet lights to sterilize; I have hired an ISSA certified engineer to review my plans and offer suggestions beyond any recommendations of the state. I have created a Covid-19 emergency plan, updated medical history, performed temperature checks, asked all of the NYS COVID screening questions, performed pulse Oximeter testa, DEXA scans to assess body fat and sent all of my documents to the Erie County Commissioner of Public Health. Only to later find out that we are not able to open and without any timeline, while anyone can visit a tattoo parlor, get a body piercing or protest in the streets. This is clearly disheartening.”
Dr. Alessi hopes the state will reconsider businesses like his that are not within health clubs and gymnasium classifications and release the restriction against organized personal fitness training programs. Lastly, he wishes for a unified message that individuals that are attempting to improve their health in an organized and safe manner should be allowed to do so.
