Atilis Owners Go 'On The Offensive' After Murphy Reopens NJ Gyms

BELLMAWR, NJ — The owners of a South Jersey based gym that has repeatedly defied Gov. Phil Murphy’s executive order is “going on the offensive” after Murphy announced gyms can finally reopen amid the coronavirus pandemic.

Ian Smith, co-owner of Atilis Gym in Bellmawr, took to Instagram to announce that the gym would be bringing in their own scientists to show the protocols the gym had in place when it first reopened in May are sufficient.

“The protocols we’ve had in place since Day 1 that can be adapted for any small business to operate are sufficient, and they should’ve been able to operate from the very beginning,” Smith said. “Small business has been punished and gutted in all this. Families’ lives have been ruined. There is no science to show why the shutdown was this long and why small business was villainized in all this.”

Smith didn’t specify what scientists the gym would bring in, but he said their results would be published for the public and the courts to see in early September.

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When they announced that they would reopen in May, they said the gym would be reconfigured to follow social distancing measures, and that they would have the following safety protocols in place:

• Capacity will be limited to 20 percent capacity, meaning only 44 people permitted inside at once;
• Temperatures will be taken at the door, and anyone with a fever of 100.4 degrees or more will not be allowed inside;
• Members must fill out a health questionnaire before being allowed in;
• Members must wear face covers at all times, unless they are doing sets; and
• Workout bags must be closed and clean at all times.

But investigators told a court that the gym was not following social distancing protocols, and that there were people inside the gym who were not wearing face coverings.

Bellmawr Borough recently rescinded Smith and co-owner Frank Trumbetti’s mercantile license, preventing them from operating as a gym in the town. Read more here: NJ Town Rescinds License Of Gym That Defied Murphy's Order

Smith and Trumbetti subsequently announced they were turning the gym into a rallying site for Rik Mehta, who is challenging U.S. Sen. Cory Booker in November. Read more here: Controversial NJ Gym Becomes Rally Site For Booker Opponent

Gyms are among the small businesses that have been closed since March to help stop the spread of the coronavirus.

Murphy said gyms will be allowed to reopen at 25 percent capacity, and customers have to wear masks, beginning on Tuesday, Sept. 1. Read more here: Gov. Murphy: NJ Gyms To Reopen In Coronavirus Crisis: Here's When

“Now that there’s enough political pressure, he’s reopening them with laughable safety protocol in place,” Smith said. “There is no science to back this up. He’s waited until September 1, almost six months after the shutdown began, and he has no justification for doing so.”

Murphy is expected to provide more detail about the announcement during a 1 p.m. news conference. Read more: WATCH LIVE: Gov. Phil Murphy Issues NJ Coronavirus, Reopen Update

It's still not clear when Murphy may reopen indoor dining. He's recently met with leaders in the restaurant industry, but he's still resistant to reopening, citing the same concerns he has for gyms. Read more: Gov. Murphy Nixes NJ Regional Reopen, Gym, Indoor Dining Restart

“This was an assault on the middle class, and we’re not going to let this go without being compensated for our losses,” Smith said.

In addition to their mercantile license, those losses include in excess of $130,000 in fines from the state. Read more here: NJ Fines Gym Owners Who Defied Murphy $130K: Officials

The action came after Smith and Trumbetti reopened the gym three times in one week in May in defiance of the order. The gym was closed by order of the state after the third reopening. It then reopened a fourth time, but was shut down again by court order.

Their defiance also resulted in Smith and Trumbetti being arrested. They then filed a federal lawsuit that challenges the constitutionality of the state's "Draconian" shelter-in-place executive orders. Read more: South Jersey Gym Owners That Defied Murphy's Order File Lawsuit

As they filed their lawsuit, Smith and Trumbetti filed a request to reopen via temporary restraining order, which was denied by the same judge that was to hear the new request. Despite the judge denying their request, the gym reopened anyway. Read more here: Judge Denies NJ Gym Owners' Temporary Restraining Order: Report

See related: NJ Coronavirus, Reopen Updates: Here's What You Need To Know