A New Jersey gym owner who’s been cited eight times for opening his workout studio in defiance of Gov. Phil Murphy’s executive orders to slow the spread of the novel coronavirus told Newsmax TV on Thursday he’ll be open Friday morning.
“Tomorrow we’re gearing up just to reopen,” said Ian Smith, co-owner of the Atilis Gym in Bellmawr, a town of about 12,000 just across the Delaware River from Philadelphia. “Full speed ahead.”
Smith appeared on “Greg Kelly Reports” after he gained national attention for opening his facility on Monday despite executive orders issued by Murphy in March that closed gyms and workout establishments, along with most other businesses, as non-essential.
On Wednesday, he was served with an order from New Jersey Health Commissioner Judith Persichilli that mandated his business close and remain that way until the state lifts its restrictions.
“Today we ran into a little bit of a hiccup,” Smith said. “Gov. Murphy threw a very flimsy health violation at us. So we wanted to make sure that we weren’t in violation the health department because that’s completely different than to be in violation of Gov. Murphy’s executive order.
“So our lawyers cleared that. The health violation was flimsy at best.”
Smith’s defiance comes on the same day that Republicans and four small business owners sued Murphy over the stay-at-home orders, claiming that there was no “rational basis” to close business solely on the type of services they provide and that the orders violate due process.
“My business partner, Frank (Trumbetti), and I, we closed down, along with other small businesses back in March,” Smith said. “We did so because the threat at the time was credible and we were told two weeks. And we were told that there would be help for businesses.
“Two weeks turned into three, three turned into four, four turned into two months and here we are in month three, with no plans presented by the governor at all. And certainly, no assistance.”
Smith said he and Trumbetti have received eight citations each with fines of up to $1,000 per offense.
“That’s not discouraging us from doing what we feel is best,” he said. “When you stand up for what you believe is right, and we believe this a gross violation of our Constitutional rights, that this is a trampling of the middle class and small business. When you stand up for what you believe in sometimes you have to sacrifice, and we’re willing to make that sacrifice.”
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