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NJ Gym Owners Arrested for Staying Open During State’s Covid-19 Lockdown

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By: Ellen Cans

On Monday morning, two New Jersey gyms owners, who repeatedly opened despite the state’s COVID-19 lockdown, were arrested.  Ian Smith, 33, of Delanco Township, and Frank Trumbetti, 51, of Williamstown, the co-owners of Atilis Gym in Bellmawr, were arrested by police and charged with contempt and violation of a disaster control act, as per the Camden County Prosecutor’s Office.  The gym is the same one which was in national news in May for reopening against Gov. Phil Murphy’s closure orders.

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.

On Monday morning, Smith took to Facebook to post an attack against Gov. Murphy, saying the Democrat was “flexing his little tyrant muscles.”  “Officers from the county sheriffs entered the premises without a warrant or adhering to the signage posted on the door requesting they call first,” Smith claimed.  “This is gonna be fun in court.”

Gyms are among the indoor recreation sector, which has yet to see a reopening in sight.  Originally, the governor was expected to announce that gyms would reopen as part of stage 2, which began on June 15 in NJ.  Many gyms arranged to provide virtually accessible workouts or even deliver gym equipment through the pro shops.  “I want to get to gyms. I want to get to indoor dining,” Gov. Murphy said referring to reopening at a news briefing on July 17. “But we can’t do it if we think we’re going to have a likelihood of killing people.”

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