LAS VEGAS (KTNV) — The Las Vegas Athletic Club is suing the Southern Nevada Health District over lifeguard requirements at valley gyms.
Last week, the district revoked a waiver that allowed LVAC to operate pools without an in-person lifeguard. Instead, gym staff were allowed to use video cameras to monitor pools.
The lifeguard waiver was originally granted to LVAC in 2020 and other gyms in the valley were granted similar exceptions. However, after four years of inspections, the health district says it determined those "waivers were not adequate to ensure the facilities were protecting the public."
One important factor in that decision was the fact a customer died at an LVAC pool, near Decatur and the 215, on February 4, 2024. Video reviewed by the district showed the person who passed away was "in distress for approximately 20 minutes, without a response from the LVAC."
On Monday, the LVAC filed a lawsuit in district court and disputed those claims. The suit states while a woman had a fatal heart attack, she was not alone in the pool area and "was surrounded by at least 15 other patrons" who didn't know there was an emergency.
According to the lawsuit, LVAC officials state they added more surveillance, including larger surveillance areas. However, on March 1, 2024, in response to the fatal incident, the health district closed down the pool at the Decatur location for two months.
"LVAC's patrons were extremely upset with this closure, complaining to LVAC that they required access to the pools for fitness and rehabilitation purposes, for which they paid as part of their monthly private membership fees," the suit states in part.
The LVAC claims they received notice from the health district on April 4, 2024 that the waiver had been voided and if they wanted to reopen their pools, they "must submit lifeguard plans in compliance with the regulations."
The LVAC appealed that decision and an appeal hearing was held on June 3, 2024. However, on June 13, 2024, the district decided to stuck with the decision to revoke the waiver.
According to the lawsuit, LVAC estimates it will cost $4 million a year to meet the new lifeguard requirements. If they wanted to eliminate the pools entirely, renovations would cost an estimated $7 million to $10 million per location.
The LVAC is proposing two separate plans that would include "remedial measures to ensure properly trained lifeguards with time to devote to the pool surveillance are overseeing the pools."
Channel 13 reached out to SNHD about the lawsuit. We were told the district does not comment on pending litigation.
As for the new lifeguard requirements, they are scheduled to take effect on Aug. 12, 2024.
