NJ Fines Gym Owners Who Defied Murphy $130K: Officials

BELLMAWR, NJ — The owners and operators of a South Jersey gym that has repeatedly defied Gov. Phil Murphy's executive order by continuing to reopen during the coronavirus pandemic have been fined more than $130,000 by the state.

Ian Smith and Frank Trumbetti, the owners of Atilis Gym in Bellmawr, were fined a total of $134,463.08 as of Aug. 14, according to a ruling provided by the State Attorney General's Office.

The fine was handed down by Superior Court Judge Robert Lougy on Tuesday. The gym is also being fined an additional $15,497.76 per day that it remains open in violation of the governor’s order, Smith said.

“This decision recognizes that gym owners — like everyone else — must do their part and follow the law," a spokesperson for Attorney General Gurbir Grewal said. "As we’ve said before, we’re in the middle of a global pandemic, yet these defendants have defied multiple court orders designed to protect the public. We hope that today’s order puts an end to this dispute.”

“It is clear Gov. Murphy is trying to bankrupt us in a personal vendetta to make sure we cannot open,” Smith said in a video posted on his Instagram account. “It’s sad that this is how government has chosen to work.”

The gym remains open despite having its mercantile license rescinded by Bellmawr Borough Town Council on Aug. 11. There was no response when Patch called the gym Wednesday morning. Read more here: NJ Town Rescinds License Of Gym That Defied Murphy’s Order

New Jersey Coronavirus Updates: Don't miss local and statewide announcements about novel coronavirus precautions. Sign up for Patch alerts and daily newsletters.

The state will also be permitted to build a new barricade blocking off the entrance to the gym. Smith said this means he and Trumbetti will likely be arrested again, and invited residents to come out and show support for the gym.

The owners previously kicked in a wooden barricade that was put up to keep them out of the gym. Read more here: NJ Gym Owners Kick In Doors, Reopen After Arrest Over Defiance

Bellmawr Borough Council revoked their license after Smith and Trumbetti were arrested on July 27 when they continued to run their gym despite a superior court judge's finding that the gym was in contempt, according to Acting Camden County Prosecutor Jill S. Mayer.

The contempt order called for Smith, 33 of Delanco Township, and Trumbetti, 51 of Williamstown, to cease operations and vacate the gym immediately. However, the gym continued to operate throughout the ensuing weekend, according to the prosecutor's office.

When police asked them to leave the gym, they refused, according to the prosecutor's office. At that point, they were arrested. Trumbetti and Smith were taken to the Bellmawr Police Department, where they were charged and released.

They have each been charged with one count of fourth-degree contempt, one count of obstruction and one count of violation of a disaster control act. The second and third charges are both disorderly persons summons. Read more here: NJ Gym Owners Reopen After Violating Murphy Order: Prosecutor

The gym initially reopened in May, but was quickly shut back down by court order the same week. At one point, authorities put a padlock on the door, but that was later removed.

Since then, the state has claimed Atilis Gym was operating beyond capacity limits and without social distancing, and without following the health and safety protocols issued by the Centers for Disease Control and Prevention (CDC).

The gym was closed as part of a statewide executive order closing non-essential businesses in March. In reopened 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.

Smith and Trumbetti 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