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Law360 (August 12, 2020, 7:37 PM EDT ) The New Jersey gym embroiled in litigation with the state over Gov. Phil Murphy's COVID-19 shutdown orders saw its business license yanked by the borough of Bellmawr Tuesday, marking the latest episode in the Garden State's most high-profile battle over the pandemic mandates.
Atilis Gym's ongoing defiance of the coronavirus shutdown orders presents a "significant safety issue" to the residents of Bellmawr, according to a statement the borough emailed to Law360 about the borough council's vote to rescind the gym's mercantile license during a special meeting.
The license revocation occurred as the gym continues to draw news and social media attention for remaining open despite Gov. Murphy's orders for gyms to stay closed and its lawsuit seeking to invalidate the orders.
The gym's owners are currently fighting a disorderly persons summons following their July 27 arrest and the state health commissioner's $15,000-a-day sanctions bid in her lawsuit seeking to shutter the gym.
Atilis Gym attorney James Mermigis equated the license revocation to a "kangaroo court."
"It is absolutely disgraceful that their license was revoked when all charges are still pending," Mermigis told Law360 in an email. "My clients have yet to be heard on the merits. Everything offered is conclusory."
"They may have won the battle but we will win the war because our clients' constitutional rights continue to be trammeled," Mermigis continued.
The license revocation comes the same week in which one of their attorneys withdrew from the case due to a disagreement over litigation strategy.
The battle began in federal court with Atilis' May lawsuit alleging that Gov. Murphy's March shutdown of nonessential businesses ran afoul of federal civil rights laws as well as the due process and equal protection clauses of the Fifth and 14th Amendments to the U.S. Constitution.
Gyms have not been included among the businesses Gov. Murphy has designated to reopen in the state's phased coronavirus recovery plan.
In June, the gym's claims moved to state court, where Gov. Murphy and health officials already had an action pending over the gym's refusal to close. Owners Ian Smith and Frank Trumbetti continued to remain open, chronicling their defiance on Instagram and in the media, which resulted in a contempt order on July 24. The suit is still pending.
The pair responded that weekend by knocking down the barricade off their gym, leading to their July 27 arrest on charges of contempt, obstruction and violation of the New Jersey Disaster Control Act.
A representative for the Office of the New Jersey Attorney General declined to comment on the borough's action.
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.
The state case is Persichilli v. Atilis Gym of Bellmawr, case number MER-C-48-20, in the Superior Court of New Jersey, Mercer Vicinage Chancery.
--Editing by Steven Edelstone.
For a reprint of this article, please contact reprints@law360.com.
