In a defiant celebration after being cleared of over 80 charges related to keeping his gym open during COVID-19 restrictions, a New Jersey gym owner directed an explicit insult at the state’s governor. Ian Smith, co-owner of Atilis Gym in Bellmawr, had racked up summonses alongside business partner Frank Trumbetti for refusing to close despite Governor Phil Murphy’s mandate in May 2020 that non-essential businesses shut down.
The confrontations with police over their continued operations led to arrests of some patrons leaving the gym. Smith and Trumbetti were ultimately ordered to pay around $165,000 in fines for violating the public health emergency rules. They faced potential jail time of up to six months on charges like violating the governor’s orders and creating a public nuisance.
However, after a nearly four-year legal battle, a municipal judge in Winslow Township dismissed all the charges last month, a decision their attorney John McCann called “just”, accusing local authorities of not acting “in good faith” with improper charges.
Smith, who has a prior conviction for killing a teenager while drunk driving in 2007 and a recent 2022 drunk driving arrest, took to Instagram to celebrate the legal victory. Thanking supporters, he launched an insult at Murphy, stating: “Suck my d–k Phil Murphy”. He vaguely accused Murphy of “treasonous actions”, though did not specify what those were.
Neither local nor state officials appealed the ruling clearing Smith and Trumbetti. McCann criticized Bellmawr for lack of cooperation, claiming they failed to provide meaningful discovery materials beyond just the summonses themselves to the court. He is now exploring trying to recoup the fines paid to the state, though admitted it is “a very tricky issue” and “very, very complex.”
During the pandemic, Smith had accused New Jersey of being selective in deeming certain businesses “essential”, arguing keeping the gym open was important for physical and mental health. The owners raised over $500,000 via a GoFundMe to fund their legal fight, as McCann said the gym brought in no membership income for much of the pandemic. Smith separately made an unsuccessful bid for Congress in 2022 as a Republican candidate.