New Jersey Gym Owners Cleared of 80-Plus Charges Over Defiance of COVID Lockdown Order

A New Jersey gym owner and his partner have been cleared of more than 80 charges related to their defiance of governor Phil Murphy's COVID lockdown orders. 

According to NJ.com, Atilis Gym co-owner Ian Smith kept open despite a state-ordered closing of all nonessential businesses that was issued in May of 2020. Police arrested some gym members as they left after workouts at the facility.

As a result of their actions, Smith and co-owner Frank Tumbetti faced more than 80 summonses charing them with violating the governor's orders, operating without a mercantile license, creating a public nuisance and disturbing the peace. 

The state Attorney General's office had recommended fines up to $10,000 per day and imprisonment for the owners of Atilis if they did not shutter their business. 

Related: Gym Owners Get Probation for Defying COVID Lockdown

NJ.com reported that following an appeals court ruling on the state fines, the gym was ordered to pay about $165,000 in fines for violating the public health emergency rules issued by Murphy and state Health Commissioner Judith Persichilli.

Now that the state the municipal charges have been dismissed, Smith's attorney, John McCann, is hoping he can recover the fines paid to the state. 

“When you look at this, it didn’t make a lot of sense at the time. It kind of looked like they were throwing everything they could at these guys,” McCann said, noting that the charges have hung over the heads of Smith and Tumbetti for years. 

In an interview during the pandemic, Smith alleged that the state had been very selective about which businesses could stay open. 

“Telling people that liquor stores are essential but places they can come to work on their physical and mental health is not — it’s just not adding up. So, we decided to take matters into our own hands,” Smith said at the time.