Atilis Gym owners charged after defying New Jersey court order to shut down

The owners of the Atilis Gym in Bellmawr were arrested Monday morning after they refused to leave the fitness facility despite a judge issuing a contempt order against them last Friday.

Ian Smith, 33, and Frank Trumbetti, 51, were each charged with contempt, obstruction and violation of a disaster control act in their ongoing battle to operate their business during the coronavirus pandemic.

The gym owners have long argued that the wording of New Jersey's order on health clubs and gyms should allow them to remain open for members only, but not the general public.

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Last week, Camden County health inspectors found that the gym failed to provide staff with gloves and masks, exceeded capacity limits and did not implement social distancing. The gym also had covered its windows, blocking anyone from seeing into the building from the outside.

Judge Robert Lougy ordered Atilis Gym to close Friday, but a number of people were observed entering and using the facility over the weekend, in direct violation of the order. The order had permitted the health department to place a lock on the doors, but Smith and Trumbetti removed the door from its hinges and said they would not leave.

Before the court decision, Lougy had ruled that the gym could remain open if it followed New Jersey’s COVID-19 guidelines. The owners indicated they had no intention of doing so. 

Smith and Trumbetti were both released after they were charged Monday.

Atilis Gym first reopened on May 18, defying the state's shutdown orders and prompting national media attention. The gym remained open for three days before it was shut down by state health officials, beginning a battle that has dragged on ever since.

Smith and Trumbetti tried to sue the state in federal court, but a judge dismissed the case last month, saying he would not interfere with New Jersey enforcing its COVID-19 restrictions. The facility then filed an appeal in state court, but Smith said that they were not granted an injunction.

The gym has held some indoor workouts, against the state's orders, since early July.

In a statement on Facebook, Atilis Gym said the facility has been boarded up. The owners have signaled that they plan to continue their battle in court.