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Law360 (October 8, 2020, 4:47 PM EDT) -- A New Jersey judge on Thursday ruled that a gym battling the state over COVID-19 business restrictions must comply with pandemic operation rules in the wake of its "continued noncompliance," as evidenced by a social media video depicting maskless patrons disregarding social distancing mandates and a crowd limit.
Superior Court Judge Robert Lougy granted the bid by state Health Commissioner Judith Persichilli to enforce a court order reflecting that gyms are now permitted to operate during the pandemic, albeit subject to a 25% capacity restriction and other precautions aiming to contain the spread of the coronavirus.
The state moved to enforce the order after Atilis Gym, which launched the battle in May with a constitutional challenge to Gov. Phil Murphy's order for nonessential businesses to close, continued to disobey the rules and even revealed the defiance in an Instagram video depicting a panoramic view of the gym.
The Sept. 21 video sparked "real concern," Judge Lougy said during a hearing Thursday. In addition to disregarding rules requiring the use of face masks, the Bellmawr facility was shown flouting orders to place barriers between employees and gym users, to create six-foot demarcations in common areas and to distribute sanitation supplies to visitors, according to court records.
"Saying a picture's worth a thousand words probably understates the worth of a video," Judge Lougy told the parties during the hearing, which was held via telephone.
The court likewise didn't buy Atilis Gym's argument that it wasn't subject to the gym capacity limits because it has ceased to operate as a gym. Atilis' owners have claimed the facility is now serving as headquarters for the campaign of a U.S. Senate candidate.
But the court concluded that "the gym is still a gym," Judge Lougy said.
The development marks the latest battle in Atilis' fight against Murphy's coronavirus executive orders, which began in March and have been renewed several times, closing or limiting nonessential business operations during the pandemic.
The gym filed a federal court lawsuit in May, after which the brawl was folded into New Jersey's state court suit over the gym's refusal to shut down.
Atilis' continued defiance of the orders led to the owners getting arrested, fined $134,000 and stripped of their business license by the borough of Bellmawr, as Persichilli continues her push to enforce the multitude of orders.
After Murphy announced that gyms could resume operations if they enforce a 25% capacity limit, Persichilli asked the court for permission to amend an Aug. 18 contempt enforcement order to encompass the new capacity rule and continue collecting the contempt order fines.
Making a case for exemption from the fines, the gym told the court that it was now the official headquarters for Republican Rik Mehta's run for Senate.
New Jersey is represented in the state lawsuit by Stephen Slocum of the attorney general's office.
The gym is represented in the state lawsuit by James G. Mermigis of The Mermigis Law Group PC and John McCann and Giancarlo Ghione of the Law Office of John McCann LLC.
The state case is Persichilli v. Atilis Gym of Bellmawr, case number MER-C-48-20, in the Superior Court of New Jersey, Mercer County.
--Editing by Abbie Sarfo.
For a reprint of this article, please contact reprints@law360.com.
