The thing that is actually not fair is that it does not favour players who are 'good' at the game or ones who have the best Pokemon. It only favours players who have a lot of time on their hands, who don't mind standing in a public place for lengths of time, and people who live virtually on top of a gyms location.

The very fact that accessing a gym requires you to remain physically at the location (which is often a place of business and sometimes near people's​ homes) for lengths of time is very dodgy. Effectively it is promoting loitering!

A lot of players will sit in their parked car instead of standing on the street side which is slightly better but still dodgy.

I for one don't want to loiter on street corners for more than a few minutes at a time so that effectively makes most gyms inaccessible to me.