Written by Benjamin Turner.

When Governor Philip Murphy of New Jersey issued orders to close small businesses in response to the COVID-19 pandemic, not everyone complied. Ian Smith and Frank Trumbetti, the owners of Atilis Gym in Camden County, became symbols of resistance by refusing to shut down their gym, challenging what they considered an unconstitutional infringement on their rights. This act of defiance led to a prolonged legal battle, marked by 80 charges against them, ranging from violations of the governor’s orders to operating without a license.

Their resistance was not just a local affair; it drew attention and support from across the nation and even internationally. People from various walks of life rallied behind Atilis Gym, seeing in Smith and Trumbetti’s fight a broader battle for the rights of small businesses during the pandemic. The gym became a battleground, not just against a virus, but against governmental overreach, as perceived by many.

The culmination of this struggle was a significant legal victory for the gym owners. A court decided to drop all charges against them “with prejudice,” meaning these charges cannot be refiled. This decision was a clear defeat for Governor Murphy’s administration, which had pursued the charges in an effort to enforce compliance with its public health mandates.

The Legal and Public Backlash

The battle for Atilis Gym was fraught with tension and controversy. The owners faced repeated summonses, arrests, and fines. At one point, local authorities physically shuttered the gym, and the owners lost their operating license in a stark demonstration of the conflict between government directives and individual rights. Despite these pressures, Smith and Trumbetti remained undeterred, repeatedly reopening their gym and asserting their stance against what they deemed an arbitrary distinction between essential and nonessential businesses.

This saga was not just a series of legal skirmishes but a public relations battle. Ian Smith, in particular, became a well-known figure after appearing on national television programs like Tucker Carlson’s show, where he articulated his reasons for defying the shutdown orders. Their story resonated with many who were frustrated with the pandemic’s economic impact and skeptical of government interventions.

The support from high-profile attorneys John McCann and Giancarlo Ghione, who stood by the gym owners through the most challenging times, was crucial. Unlike other attorneys who shied away from the case, fearing backlash or a protracted legal fight, McCann and Ghione were steadfast in their defense, playing a pivotal role in the eventual legal victory.

Our Take

The case of Atilis Gym is a profound example of the tension between public health mandates and individual freedoms. While the government’s intent to protect public health during the pandemic is understandable, the execution of these measures often led to significant debate about the balance of power and the rights of individuals and businesses.

The victory of Atilis Gym in court underscores the importance of legal safeguards against potential governmental overreach. It highlights the need for clear and fair criteria in public health measures that respect the rights and livelihoods of individuals. The gym’s case also serves as a reminder of the power of community support and principled legal defense in confronting and overcoming governmental challenges.

This episode in New Jersey should prompt a reevaluation of how public health crises are managed, especially concerning the impacts on small businesses and civil liberties. The story of Atilis Gym is not just one of personal triumph but a call to vigilance in protecting the foundational rights that underpin American society.