Coronavirus Pandemic

Gym reopening order declined amid challenge to N.J. governor

U.S. District Judge Robert Kugler on Friday denied a temporary restraining order sought by the owners of Atilis Gym of Bellmawr.

Associated Press

June 21, 2020

Demonstrators gather in the parking lot of Atilis Gym in Bellmawr, N.J., to show their support for the business, which opened ion May 19 n defiance of the governor's order closing nonessential businesses to slow the spread of coronavirus. (Emma Lee/WHYY)

A federal judge has declined to allow a southern New Jersey gym to reopen as it continues a constitutional challenge to the state order that shut down businesses deemed non-essential in order to help stem the spread of the coronavirus.

U.S. District Judge Robert Kugler on Friday denied a temporary restraining order sought by the owners of Atilis Gym of Bellmawr, which filed suit last month accusing Gov. Phil Murphy of having “arbitrarily” deemed some businesses essential while declaring others — such as gyms — non-essential, NJ.com reported.

Attorney Christopher Arzberger, who represents the owners, told Law360 that he was disappointed but vowed an appeal.

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Bellmawr police arrest an Atilis Gym member who refused to give his name after working out at the facility which had opened in defiance of the governor's order. (Emma Lee/WHYY)
Atilis Gym co-owner Ian Smith does pushups outside the storefront in Bellmawr, N.J., Monday, May 18, 2020. The gym in New Jersey reopened for business early Monday, defying a state order that shut down nonessential businesses to help stem the spread of the coronavirus. (AP Photo/Matt Rourke)
Demonstrators gather in the parking lot of Atilis Gym in Bellmawr, N.J., to show their support for the business, which opened in defiance of the governor's order closing nonessential businesses to slow the spread of coronavirus. (Emma Lee/WHYY)
A Bellmawr police officer issued tickets to the owners of Atilis Gym when it opened for a second day in defiance of the governor’s order. (Emma Lee/WHYY)
Demonstrators gather in the parking lot of Atilis Gym in Bellmawr, N.J., to show their support for the business, which opened ion May 19 n defiance of the governor's order closing nonessential businesses to slow the spread of coronavirus. (Emma Lee/WHYY)
Bellmawr Police Lt. Mike Draham talks with the owners of Atilis Gym, (from right) Ian Smith and Frank Trumbetti, after a gym member was arrested leaving the building in mid-May. (Emma Lee/WHYY)
Police watch protesters outside Atilis Gym in Bellmawr, N.J. A crowd of about 30 gathered in the parking lot to support the gym's owners, who had opened despite the governor's order that recreational and entertainment businesses remain closed to slow the spread of coronavirus. (Emma Lee/WHYY)
Demonstrators gather in the parking lot of Atilis Gym in Bellmawr, N.J., to show their support for the business, which opened in defiance of the governor's order closing nonessential businesses to slow the spread of coronavirus. (Emma Lee/WHYY)
Atilis Gym owners Frank Trumbetti (left) and Ian Smith talk to the press after being ticketed for opening their business in Bellmawr, N.J., in defiance of the governor's order. (Emma Lee/WHYY)
Atilis Gym in Bellmawr, N.J., opens for business on Tuesday, May 19, in defiance of Gov. Phil Murphy's order closing all but essential businesses to slow the spread of the coronavirus. (Emma Lee/WHYY)
Demonstrators gather in the parking lot of Atilis Gym in Bellmawr, N.J., to show their support for the business, which opened in defiance of the governor's order closing nonessential businesses to slow the spread of coronavirus. (Emma Lee/WHYY)
Bellmawr police approach the door of Atilis Gym to deliver summonses to the owners, who opened in defiance of New Jersey Gov. Phil Murphy's order that they remain closed to slow the spread of coronavirus. (Emma Lee/WHYY)

The suit argues that Murphy and other state officials violated the constitutional rights of the owners by forcing them out of business indefinitely with no timeline for when they could reopen.

The gym was shuttered last month after opening in defiance of the order and continuing daily operations despite receiving summonses each day for violating the state order.

The owners cited steps taken to ensure social distancing, including taping off workout stations and operating at 20% of the building’s capacity, meaning about 44 patrons at a time. They also were requiring patrons to wear masks unless they were in the middle of lifting weights.

Gym staff said they were taking patrons’ temperatures at the door and barring anyone at 100.4 or above; in addition, no new members were being allowed to join, officials said.

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