South Jersey Gym That Defied Murphy's Orders Is Shut Down

BELLMAWR, NJ — A South Jersey gym that has been reopening all week in defiance of Gov. Phil Murphy's stay-at-home executive order has been shut down by the state and county, officials announced Thursday morning. The owners have said they will reopen again on Friday, and are consulting their attorneys.

The New Jersey Department of Health signed an order shutting down Atilis Gym in Bellmawr on Wednesday night, Camden County Spokesman Dan Keashen said Thursday morning. The order was then posted outside the gym by county officials.

"Atilis Gym has continued to operate in non-compliance with Executive Order No. 107, thus posing a threat to the public health by failing to adhere to the measures taken to mitigate the spread of COVID-19," the order signed by New Jersey Health Commissioner Judith Persichilli reads, in part.

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The gym owners said they would have measures in place to adhere to social distancing and health guidelines as set forth by the Centers for Disease Control and Prevention (CDC), but the state health department said those measures are not enforceable or sufficient to protect public safety.

In the order, the state also said the measures don't sufficiently address the risks of the coronavirus in an indoor gym because the virus is "still too great to allow for relaxation of the current mitigation measures that are in place and necessary to reduce the transmission of" the coronavirus.

The order says gyms and fitness centers present particularly high-risk settings for spreading the coronavirus because "customers of these facilities engage in physical activities that increase the customers’ respiratory activity, which in turn can increase the amount of respiratory droplets or aerosols in a confined setting."

There is also prolonged person-to-person contact, as well as the use of communal equipment and other items, such as barbells, dumbbells, and treadmill and cross trainer grips, that may harbor the virus. According to the National Institutes of Health, the virus may live on these surfaces for up to 72 hours.

The gym is shut down until further notice, according to the order. A woman who answered the phone at the gym on Thursday said it was closed, but would reopen on Friday.

Owners Ian Smith and Frank Trumbetti have already made it clear they intend to reopen again on Friday, putting up their own sign next to the health department's order that reads, "Attention all law enforcement officials: please call the front desk before entering, unless you have a warrant."

“Alright guys, so we arrived at the gym this morning to Governor Murphy’s dirty tricks, playing with his power in the health department," the gym’s owners posted on social media, according to nj.com. "For right now, the gym will be closed. We have a full cleaning crew inside, once again going above and beyond.”

The gym's attorney told The New York Post that the doors aren't padlocked, and that the gym was planning a "grand reopening" on Friday. He is also looking to file an injunction to have the governor's order deemed unconstitutional, and said civil lawsuits could follow.

When announcing last week that the gym would reopen, owner Ian Smith said it would take certain safety precautions, including:

• Capacity limited to 20 percent capacity, meaning only 44 people permitted inside at once;
• Temperatures 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.

The gym has been reconfigured to allow for proper social distancing, as demonstrated by a photo used during Smith's appearance on The Tucker Carlson Show. Showers and water fountains will be closed, and there will be no group classes. Only members were allowed in, and no new members were being taken.

When asked about the situation over the last few days, Gov. Phil Murphy has repeatedly said, "we're not there yet on gyms." On Thursday, he told CNBC "I would hope it's a matter of weeks" that New Jersey can reopen gyms, hair salons, barbers and restaurants. Read more here: Gov. Murphy Provides Timeframe For NJ Salon, Gym, Dining Reopen

"No one has been immune to the economic ramifications of this crisis, least of all our small business owners," Camden County Freeholder Louis Cappelli Jr. said. "Unfortunately, the reality of our current situation is that there cannot be a healthy economy without a healthy population. We cannot rush back to business in the interest of short-term relief, because the long-term ramifications will be crippling if we face another widespread outbreak and a return to strict stay-at-home orders and business closures."

He added that everyone must do their part to help stifle the spread of the virus, and that progress is being made in Camden County. The county recently got out of the 30-day range for doubling cases, and the overall growth rate continues to fall.

"We will get through this crisis, painful as it may be, but only if we go about taking our next steps the right way — following the data and the advice of our health experts," Cappelli said. "The situation in Bellmawr has not followed that path thus far and introduces a risk into our community that we cannot afford. I am hopeful that this situation can be resolved cooperatively, and that the gym will be able welcome back their patrons when, and only when, it has been deemed safe to do so by the state of New Jersey.”

Owner Frank Trumbetti told Fox 29 the gym's sewer system backed up on Wednesday, “right after [Gov. Murphy’s daily] briefing where they said the Board of Health would be involved.”

The gym owners told 6 ABC they are speaking with their lawyers and reviewing their options.

The gym reopened three days this week, with Smith and Trumbetti being issued summons for violating the executive order each day and one for making a public nuisance on Wednesday. Read more here: NJ Gym Owners Cited For Third Day Despite Murphy Warnings

Smith came under fire this week for a 2008 drunk driving conviction in which he was forthcoming about causing an accident that killed a Galloway teenager, but said what the gym is doing is bigger than him. Read more here: Owner Of NJ Gym That Defied Murphy Opens Up About Drunk Driving

The gym's mission first became known last week when Smith told Tucker Carlson on Fox News that he would defy the governor's orders. If the state shut his gym down, he said, he would just reopen. Read more here: South Jersey Gym To Reopen In Defiance Of Coronavirus Orders

The owners announced the gym would reopen and follow social distancing guidelines and safety precautions, including taking the temperatures of members who wished to enter and denying access to anyone with a fever of 100.4 or higher. Capacity would also be limited to 44 people at a time.

When the gym reopened on Monday, Smith and Trumbetti were issued a disorderly persons summons for violating Gov. Phil Murphy's stay-at-home order that was authorized in an attempt to stem the spread of the coronavirus.

Members were given warnings, but Murphy said they would face a different reality if they returned on Tuesday. It was not immediately clear what the governor meant. Read more here: Gov. Murphy Warns Gym After It Reopens, Defying NJ Orders

Things escalated a little on Tuesday, when the owners were once again issued a summons and a gym member was arrested for violating the executive order and obstruction of justice when he failed to give police his name. Read more here: NJ Gym Warned By Gov. Murphy Reopens For 2nd Day; 1 Arrested

On Wednesday, Smith and Trumbetti were issued a summons for a third time, and they were charged with making a public nuisance, according to Superintendent of the State Police Colonel Patrick Callahan. Four more patrons were also cited on Wednesday.

Patch will update this breaking news story as more information becomes available.

Read more: NJ Coronavirus Updates: Here's What You Need To Know