COVID-Defiant NJ Gym Owners' License Remains Revoked

BELLMAWR, NJ — The business license of two gym owners who defied COVID-19 emergency orders will remain revoked after an appeals court ruled Wednesday that a local government did not violate their rights.

Ian Smith and Frank Trumbetti, co-owners of Atilis Gym in Bellmawr, issued an appeal last fall in an effort to get their mercantile license back. The borough's mayor and council revoked it after they kept their gym open during the pandemic, defying the state's COVID restrictions and ensuing court orders against them.

Smith gained national notoriety early in the pandemic after he and Trumbetti openly defied Gov. Phil Murphy's emergency orders to close "nonessential" businesses, which included gyms. He was a vocal critic of the restrictions — holding public rallies against the protocols, speaking out in national media appearances, and at one point posting a video in which he kicked down the wooden barriers authorities placed on his business.

In the appeal, the attorneys for Smith and Trumbetti argued that Bellmawr officials revoked their license in retaliation against them exercising their First Amendment rights. But the three-judge panel in the appellate court found that the borough took those actions because the gym owners violated state COVID orders.

"Contrary to plaintiffs' assertions, the record contains no evidence that defendant revoked their license as retaliation for the exercise of their First Amendment rights," says the court ruling.

Additionally, the borough did not violate their general right to work, merely preventing Smith and Trumbetti from working in one particular capacity within the municipality, the ruling says.

Stuart A. Platt, an attorney who represented the borough and its elected officials, said his clients were pleased with the ruling.

"The decision upholds the rule of law and it also re-inforces Bellmawr's decision to do what's best for the public health and safety of its residents," Platt told Patch.

An attorney representing the appealing parties did not return Patch's request for comment in time for initial publication.

Smith and Trumbetti racked up more than 80 summonses for defying New Jersey's COVID protocols. But the charges were dropped last spring.