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Law360 (October 1, 2020, 7:58 PM EDT ) The New Jersey gym battling with Gov. Phil Murphy over COVID-19 mandates is still flouting pandemic safety rules regarding crowds, masks, sanitizing and social distancing, a deputy attorney general told a state court Wednesday, pointing to "clear evidence" of the alleged violations on social media.
Atilis Gym posted an Instagram video depicting a panoramic view of the Bellmawr facility, which had no barriers between employees and gym users and no 6-foot demarcations in common areas, Deputy Attorney General Stephen Slocum said in a letter. The gym's visitors, who exceeded the capacity established for gyms during the state's reopening, weren't wearing masks and weren't being given sanitation supplies, according to the letter.
"The video shows no restrictions, limitations, or apparent social distancing throughout the premises, in violation of … the modified closure order," said the letter, which sought to enforce safety measures spelled out in an August court order.
Slocum said the video, posted on the social media website on Sept. 21, contradicts the assertions by gym co-owner Frank Trumbetti in a Sept. 28 certification that "aggressive" safety measures are in place and the facility is no longer operating as a gym but rather as campaign headquarters for a U.S. Senate candidate.
The development marks the latest battle in Atilis' fight against Murphy's coronavirus executive orders closing or limiting nonessential business operations during the pandemic. The gym launched a constitutional challenge to the orders in federal court 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 state Health Commissioner Judith 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.
A representative for the Office of the New Jersey Attorney General declined to comment. An attorney for Atilis did not immediately respond to a request for comment.
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 Bruce Goldman.
For a reprint of this article, please contact reprints@law360.com.
