SACRAMENTO (CBS13) – A growing surge of crowds and business owners are using the constitution as their right to push for an open California.

Businesses in Calaveras County are taking legal action to try and reopen despite Gov. Gavin Newsom on Friday the state is days, not weeks away from reopening.

Just this week, a Sacramento area gym owner was planning to open up and go against the governor’s stay-at-home order. For now, he’s still closed but has gotten some aggressive legal help to take on the government.

“A state cannot force a business to close, they can only block a sick person going outside, not a healthy person”, says Brian Chavez-Ochoa, constitutional attorney.

Chavez-Ochoa said he’s an attorney who really fights for your constitutional rights.

This week, Fitness System gym owner Sean Covell planned to open up his various locations in several counties. The move would have challenged current statewide and county stay-at-home orders. The gym owner claimed he could open by using his rights as an American.

The counties responded by highlighting possible fines and even jail time to anyone who violates their order. Chavez-Ochoa said these cases are coming through his office more and more.

So far, the attorney said he’s up to 80 businesses and individuals who want to challenge either the state or their county based on the claim that their constitutional rights are being ignored. He predicts he will be busier as California begins to open up in stages.

Some areas are moving forward while others stay home and many of Chavez-Ochoa’s clients are calling that unfair.

“My clients intend to follow the CDC recommendations like wearing masks, gloves, cleaning their facilities, wiping them own and more frequently”, he said.

As for the latest with Fitness System, the gyms are remaining closed. Chavez-Ochoa said he is taking the case to federal court to open the business back up.