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Until about 7PM on April 19th of this year, things were going pretty well for Scott Moerschell and Frizz Poe. The co-owners of Eclipse Fitness had a loyal and growing clientele who enjoyed incomparable lakeside views while working out with state of the art equipment. Boot camps and exercise classes were well attended and the trainers were busy. The business they had spent years building was thriving. But on a cool Friday evening in Spring, all that changed, and not for the better.
When the phone rang that evening, Scott could not believe what he heard. According to a staff member at the gym, thousands of gallons of raw sewage were bubbling up through the drains inside the building and a manhole outside the front door. In a matter of minutes, the whole facility was covered ankle-deep in what Scott describes as “a smelly mess.” Scott and the staff immediately set about mopping and soaking up what they could, but it was a losing battle. The flow was relentless.
When they were finally able to assess the damage, they found that all of the flooring needed to be torn out and the workout equipment had to be cleaned and dried. Computers and office equipment were ruined. The gym was completely shut down for a week, and patrons had to do their workouts around the remodeling work for another three weeks, without benefit of restrooms, lockers or showers. The child care and group exercise areas were also out of commission during this time.
The gym set up a temporary facility in a vacant space at the Harbor while renovations were completed over the next three months. In the process, the club lost 75 to 100 members but, says Scott, “Most of our members are extremely loyal and stayed with us through it all. Its hard to adequately express how much we appreciate them. I would also like to mention that our new landlord, Dr. Benjamin Bassichis was instrumental in getting things done. He really stepped up to the plate. Unlike many landlords he isnt just looking for a check each month, he is dedicated to our success.”
The cost came to over $350,000 and the owners approached the City of Rockwall for help. “It was, after all, the citys infrastructure that backed up, causing all this, and we thought it reasonable to expect their insurance to cover it.”
They thought wrong.
Under Texas State law, municipalities can invoke a statute known as “Sovereign Immunity.” As the name implies, cities can declare themselves immune from liability for damages arising from negligent operation of their facilities, as long as it does not involve the operation of a motor vehicle. In this case the citys insurer, The Texas Municipal League Intergovernmental Risk Pool, cited the law in denying the owners claim for restitution, either full or partial.
Most of the expense for mitigation and renovation has come out of the owners pockets. To make matters worse, they have yet to be told the cause of the leak. “To this day we’ve never been given any report on what actually did happen,” Scott said. “More importantly, weve never been told that whatever happened is fixed and is not going to happen again. Weve spent three months out of business and hundreds of thousands of dollars on renovations, and wed at least like to hear some reassurance from the city.”
On the plus side, Eclipse Fitness is back better than ever, with new floors, exercise rooms, locker rooms, and revamped workout area. And of course, the view of the lake remains unmatched by any other gym in the area. Eclipse is located at 201 E Interstate 30 in the Rockwall Harbor. For information about membership fees and training classes, visit the club’s website at eclipserockwall.com
Article and photos by Planet Rockwall.com
