NJ Town Rescinds License Of Gym That Defied Murphy's Order

BELLMAWR, NJ — Elected officials have rescinded the license of a gym that has repeatedly defied Gov. Phil Murphy’s executive order by continuing to reopen during the coronavirus pandemic.

Bellmawr Borough Council voted 5-1 to rescind the mercantile license of Atilis Gym during a special meeting Tuesday night. The owners later told CBS 3 they planned to open on Wednesdayanyway.

Gym co-owner Ian Smith was among the few who were in attendance during the meeting, which was held in accordance with social distancing requirements.

Video from the hour-long meeting that included comments from the chief of police, attorneys, members of the public and members of council.

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During the meeting, Smith’s attorney said he had never seen a council intervene in legal matters the way Bellmawr Borough did in this situation. He said they had a 5th amendment right not to speak during the meeting.

“What you are doing by having this meeting with legal matters pending is obnoxious to the system of government we have in America and New Jersey,” attorney John McCann said. “What I just witnessed was nothing short of something out of George Orwell.”

He also said no one was more concerned about the safety of their clients than Smith and Trumbetti.

Borough officials said Smith and Trumbetti never came to the zoning office when they wanted to reopen, and they didn’t go through the proper process when they changed their designation from a public business to a private club. They also spoke about the ongoing violations and alleged safety violations.

“If you determine this facility’s ongoing operation is unsafe, you have an ability to consider a revocation of their license,” borough attorney Howard Long said.

Council took up the matter after Smith and co-owner Frank Trumbetti kicked in plywood the state had put up to block the entrance to the gym last week. Read more here: NJ Gym Owners Kick In Doors, Reopen After Arrest Over Defiance

The barriers had been put in place after they 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.

Murphy is now seeking fines of up to $15,000 a day against Smith and Trumbetti as long as they remain open, Smith said in a video posted to social media on Monday.

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