Las Vegas gym wins battle in lifeguard requirement dispute

A judge has ruled in favor of Las Vegas Athletic Clubs in a legal dispute about whether the company has to supply lifeguards for its pools.

In a decision filed Tuesday, District Court Judge Timothy Williams said the Southern Nevada Health District “acted arbitrarily and capriciously” when it determined last year that LVAC pools are public and not exempt from the state law that mandates such pools are staffed with lifeguards.

The health district had argued, in part, that the size of the company — LVAC has over 160,000 members across the Las Vegas Valley — and its wide swath of users dictated that its pools be considered public.

Lawyers for LVAC said previously that they didn’t see any “meaningful argument” as to why the company’s “47-year history of exemption” should be overturned. They’ve said LVAC pools are more like homeowners association pools in Southern Nevada, which don’t require lifeguards.

The legal battle stems from a death at an LVAC location last year. On Feb. 4, 2024, Leticia Triplett, 58, drowned in the pool at the LVAC’s North Decatur location.

The health district said in a follow-up report that the drowning incident lasted for 20 minutes and that gym members had to retrieve Triplett from the pool. LVAC lawyers contended that Triplett’s cause of death was a fatal heart attack. The Clark County coroner’s office last year noted that cardiovascular disease was a factor in her death.

Following the incident, the health district began requiring LVAC locations with pools to staff lifeguards. Tuesday’s court order nullifies that rule, though it was unclear Wednesday night whether the gyms will continue to employ lifeguards.

The gyms do have video surveillance of pools, which were upgraded following Triplett’s death, according to LVAC leadership.

In its report following the drowning, the health district noted that LVAC didn’t report the death to the health district and employees provided misleading information to a health district inspector.

LVAC officials have previously said it would cost close to $4 million per year to hire enough lifeguards for its pools, arguing that lifeguard labor costs would ultimately lead to a “shut down” of the company.

In his decision, Williams said Nevada law has no stipulations with regard to how many people use LVAC’s pools, nor does it “differentiate based on number of members or number of locations.”

In the end, the judge said, the health district had a “misinterpretation” of state law.

A health district representative said in an email that the district would not comment on “ongoing litigation.” It’s not yet known if the district will appeal the decision.

Attempts to reach LVAC officials Wednesday evening were unsuccessful.

Contact Bryan Horwath at bhorwath@reviewjournal.com. Follow @BryanHorwath on X.