NJ Gym Owners Arrested After Violating Murphy Order: Prosecutor

BELLMAWR, NJ — The owners of a South Jersey gym that has repeatedly defied Gov. Phil Murphy’s executive stay-at-home order were arrested Monday morning, authorities announced.

Owners Ian Smith and Frank Trumbetti were arrested Monday morning after they continued to run their business despite a superior court judge’s finding that the gym was in contempt on Friday, 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 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.

“After Atilis Gym refused to comply with multiple criminal citations and Superior Court orders, including a contempt of court order issued Friday, today law enforcement entered the premises to ensure closure of the gym and to abate the public health risks," Attorney General Gurbir S. Grewal said. "As the Attorney General previously said, the state wishes it had not come to this, but the gym refused to comply even with a contempt order.”

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Smith and Trumbetti posted a video from the scene on their Facebook page. They said the entrance to the gym has been boarded up.

A woman who said she's an eyewitness posted a photo on social media that shows authorities outside Atilis Gym in Bellmawr early Monday morning.

She had posted an image of herself in the gym with Smith and Trumbetti from midnight Sunday night.

It was the second time the contempt order had been filed, after a judge found the gym wasn’t in contempt earlier in the week. At that time Judge Robert Lougy said State Health Commissioner Judith Persichilli would be invited to file another contempt request if it became necessary. Read more here: NJ Gym Not In Contempt, But Must Adhere To Murphy Order: Judge

Later in the week, Persichilli was joined by Grewal and Deputy Attorney General Stephen Slocum in filing a second contempt request, which Lougy granted.

The ruling handed down late Friday found the gym was in contempt, and that the owners would have to pay an amount to be determined to the state. That fine would be enforced each day the gym remained open.

The state would also be permitted to change the gym’s locks. Smith and Trumbetti previously threatened to remove the gym's doors if the state attempted to change the locks.

“Today’s ruling underscores that companies cannot disregard the Governor’s Executive Orders, which are designed to protect us all in the face of an unprecedented public health crisis,” Grewal said in a statement following the ruling. “While I wish it had not come to this, I am grateful that the Court recognized the need for compliance. The vast majority of businesses and residents are following these rules and doing their part to keep their friends and neighbors safe, and those few companies who flout our Executive Orders are once again on notice that we will hold them accountable, and that there will be serious consequences for their actions.”

“Frank and I stayed the night here last night, and we are prepared to stay inside the building no matter what. We will not be backing down under any circumstances.” Smith said in a video that was posted to social media following the ruling.

He also announced that the gym was changing its legal status to a membership only organization, which he said gives them the right to continue to peaceably assemble. He said if they state continues to come after them, they will retaliate in court.

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