NJ Gym Not In Contempt, But Must Adhere To Murphy Order: Judge

BELLMAWR, NJ — A superior court judge denied a request by the state to hold a South Jersey gym in contempt for violating the governor's stay-at-home order by continuing to operate indoors on Monday.

At the same time, Judge Robert Lougy reiterated that Atilis Gym in Bellmawr must remain closed and adhere to the executive order. He also said that if the gym continues to operate, New Jersey Health Commissioner Judith Persichilli would be invited to file another contempt request.

The state threatened to change the locks if the gym continued to operate indoors in defiance of the order. Ian Smith and Frank Trumbetti have said they then would've removed the doors altogether.

They ended up not needing to take that extreme measure, and claimed a "big win," despite not being allowed to reopen.

“This is a big win for small business,” Smith said in a video posted to social media. “We’re expecting more resistance in the days to come. We wouldn’t be surprised if we get served with some paperwork overnight, but we’re ready for it. Let’s go!”

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 has since been removed.

“Today, the New Jersey Superior Court again issued a ruling requiring Atilis Gym to comply with the terms of the Department of Health's order,” the State Attorney General’s Office said in a statement. “That Department of Health order paralleled Governor Murphy's Executive Order 157, limiting gym use to individual training sessions in separate rooms and barring unrestricted public use of the facility. The court cautioned the gym owners today that strict compliance with the Department of Health’s order and Executive Order 157 is required. Although the court did not yet hold the gym’s owners in contempt, the court expressly invited the Commissioner to file a new emergent motion for contempt if the gym violates the order in any way.”

Many non-essential businesses have been permitted to reopen in recent weeks, but the use of gyms has been limited.

Gyms and fitness centers, movie theaters, performing arts centers, other concert venues, and indoor amusement and water parks must keep their indoor spaces closed, and dance floors at any business must be closed or cordoned off.

Gyms and fitness centers are, however, permitted to offer individualized indoor instruction by appointment only. The instructor is offering training to one person or a person's immediate family members, household members, caretakers or romantic partners.

Multiple instructions at the same gym or fitness center must take place in separate rooms. If there is no alternative, the room must be separated by a floor-to-ceiling barrier that complies with all fire code requirements.

The state claims 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