WICHITA, Kan. (KSNW) – A Wichita gym owner said enough is enough. After filing a lawsuit against the state, he is seeking relief after the government shut his business down earlier this year.

Ryan Floyd has worked in the fitness industry for over a decade. He is the owner of Omega Bootcamps, Inc. He said the shutdown and restrictions have put him and other businesses in a bind and this lawsuit is his fighting chance.

“We’re all suffering here,” said Floyd. 

Floyd said he’s not just fighting for his business, but others in Kansas. 

“You’ve seen other people in other states, other businesses in other states fight similar issues, but no one has fought it here in Kansas,” he said. 

Floyd’s attorney Ryan Kriegshauser said this lawsuit is different from others. Some Kansas businesses are fighting for constitutional rights, but this lawsuit focuses on a Kansas statute in the Emergency Management Act. 

When the governor issued an emergency declaration for a shutdown, Kriegshauser said the state should have been paying these businesses.

“Our client basically had his business shut down, and it was shut down to cope with the COVID-19 disaster. And so we’re asking for compensation for that shutdown,” said Kriegshauser. 

Kriegshauser said big businesses are receiving most of the CARES funding when local shops are being left out. 

Floyd said he feels it is a strong case and hopes this is what will help small businesses get back on their feet.

“We’re going to follow the guidelines also within that same law that states that we’ll be compensated for it,” said Floyd. 

“We’re reviewing the lawsuit and have no comment at this time,” the Kansas attorney general’s office said.

The state will have 21 days to respond.