By: AP
The owners of a New Jersey gym that has repeatedly defied Gov. Phil Murphy’s executive order to remain closed during the COVID-19 pandemic have once again reopened the facility less than a week after their arrests on contempt charges.
After kicking down plywood boards covering Atilis Gym in Bellmawr on Saturday, the owners let 40 to 50 customers in for workouts, the latest move in a standoff over coronavirus-related restrictions. The Philadelphia Inquirer reports that many customers waiting in line said they couldn’t wait to get back to their regular workouts.
Owners Ian Smith, 33, of Delanco Township, and Frank Trumbetti, 51, of Williamstown had been arrested Monday and charged with contempt, obstruction and violating the Disaster Control Act.
The gym opened its doors in May, starting a legal battle over whether Murphy’s order for non-essential businesses to remain closed was constitutional. The owners have said they have taken steps to ensure social distancing, including taping off workout stations and operating at 20% of capacity and were also taking patrons’ temperatures and requiring them to wear masks unless they were in the middle of lifting weights.
Smith acknowledged that law enforcement would likely force them to close again, and he said he had received a letter indicating that Bellmawr officials are to consider Tuesday revoking the gym’s business license.
On Saturday, Gov. Phil Murphy said in a message on Twitter that almost 400 new positive COVID-19 cases had been recorded in the state, pushing the total above 182,000, and another 11 deaths were associated with the virus, bringing the toll in the state to 13,955 lives lost.
As reported by the NY Post, the two owners had persistently criticized Gov. Murphy’s executive order to shutter gyms due to the pandemic, and had gone so far as to sue the governor and lawmakers in state federal court, maintaining that their constitutional rights were in violated with the forced closure of their South Jersey gym.
Last Wednesday, superior Court Judge Robert Lougy had ruled, ordering the owners to comply with the governor’s orders and restrict public use of the gym indoors. Only individual training sessions in separate rooms were allowed by the ruling. Also, the nutrition shop inside was deemed an essential business, and could be opened. After the ruling, Trumbetti had spoken out against the decision. “That is the definition of oppressive restrictions,” said Trumbetti. “The bottom line is, we are not going to comply with their non-laws.”
Despite the court’s decision, the owners were again seen using the gym along with others, according to the police report. Law enforcement agents and county prosecutors showed up and requested that the owners close down and leave, but when they refused the arrests were made, as per the police. Smith and Trumbetti were charged and then released.
(AP)
