In an early morning raid Monday, police and sheriff's officers with K-9 units at the ready in their cars burst into a New Jersey gym and arrested the owners for defying Democratic Gov. Phil Murphy's executive order to remain closed during the COVID-19 pandemic.
Frank Trumbetti, 51, and Ian Smith, 33, were each charged with one count of fourth-degree contempt, one count of obstruction and one count of violation of a disaster control act, reported WPVI-TV.
The raid came after a state judge ruled Friday that New Jersey authorities could shut down Atilis Gym in Bellmawr.
Immediately after the ruling, Smith posted a video on Facebook vowing to "not back down under any circumstances." He and Trumbetti remained in the gym over the weekend and were just waking up when the police arrived.
On Monday, BJ Dowlen, who said she spent the night at the gym working on a book with the gym's owners, wrote on Facebook about the arrest.
"Well, this was a first," she wrote. "I stayed the night in the gym writing, my book clients Ian & Frank were just waking up, I’m gathering my computer & notebooks, just waiting for the guys to come out for a few final questions, and then a SWARM of Camden County Sheriffs & local Bellmawr police (with K-9 units waiting in a vehicle) come bursting thru the door….to me, sitting there, writing, by myself.
"First & foremost, the law enforcement officers were polite & respectful. Look for my video footage on national channels. And tonight/this morning, I am writing this new book chapter right now!!!”
#repost @TheAtilisGym #iansmith #atilisgym
Welcome to America 2020, where feeding your family and standing up for your Constitutional rights is illegal. @govmurphy flexing his little tyrant muscles finally - only took him 70 days. pic.twitter.com/Re24pEAlvt— (@TheNiniD) July 27, 2020
Yoga but no gym
An attorney representing the owners, Christopher Arzberger, said they were "disappointed that this motion for contempt was granted, however we do respect the judge's decision and will be taking all necessary steps to see if there is an issue of appeal here."
In a battle over the defintion of "essential" businesses, the gym reopened in May and continued to operate despite receiving a summons every day for violating the state order, WPVI reported.
The gym owners argue they are carefully following social distancing guidelines, taking patrons' temperatures at the door, taping off workout stations and operating at 20% of the building's capacity, or about 44 patrons at a time.
Masks also were required unless the guests were in the middle of lifting weights.
Even when the governor last week began allowing outdoor drills for contact sports to resume along with one-on-one indoor martial arts and yoga, he ordered that gyms remain closed.
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