Judge deals blow to owners of gym that defied governor’s lockdown orders

NJ.com ^ | 6/20/2020 | Chris Sheldon

[usafa92]

The owners of gym that made national headlines after it opened in defiance of Gov. Phil Murphy COVID-19 lockdown were dealt a blow in their legal fight to convince the courts that shuttering their place of business was unconstitutional.

In a decision reached during hearing held over Zoom Friday, U.S. District Judge Robert B. Kugler denied the request of the owners of Atilis Gym of Bellmawr to open via a temporary restraining order as they continued litigation with the state.

In a federal lawsuit filed last month, attorneys for the gym claimed Gov. Phil Murphy “arbitrarily” deemed some businesses essential while declaring others – like gyms – non-essential.

The suit accused Murphy, along with Attorney General Gurbir Grewal and other New Jersey officials of violating the owners’ constitutional rights by forcing them out of business indefinitely with no timeline for when they could reopen.

While gyms and fitness centers are among the businesses expected to reopen in Stage 2 of the state’s reopening plan, Murphy has not made an announcement on dates or restrictions.

The gym’s fight spurred a GoFundMe page that raised more than $70,000 in donations to pay for legal fees as the owners said the lockdown “strangled” their business.

“If I do not open immediately, I will LOSE my business,” gym co-owner Frank Trumbetti wrote in a brief. “My landlord is not giving us any relief on the rent which is $8,100 per month and we have not received financial help from the government.”

[usafa92]

This case had gone Radio silent for weeks and I just found this article from 2 weeks ago. Surprise, the Fed judge dismissed and told them to litigate in State Court. Judge Kugler is a Bush appointee (the Family that keeps on giving) and......you guessed it, a judge on the FISA Court. The corruption runs so deep in this country.

[Paladin2]

The Legislature is not opposed to Governator fiat legislation?

[usafa92]

Legislature is as corrupt as Murphy. Not quite a supermajority formthe Dems but close to it.

[Rodentking]

It is clear to me the following are no longer of help:

Voting
Police
Courts

Now what?

[Adder]

Ummm...massive reset?

[Lurker]

The last box.

L

[Sgt_Schultze]

The ordered closings are a violation of the 5th amendment prohibition on taking private property for public use without compensation. Ordering a business closed without make payments for the lost business is a clear taking.

[Eddie01]

That’s super high rent tardo.

[Pajamajan]

How can they say a gym isn't essential? It is essential for health.

And forcing people to ruin their business is insane.

Can they (government) be sued?

[CaptainK]

It’s more essential than the liquor stores that the dumbass NJ Governor kept open.

[wastedyears]

SIC SEMPER TYRANNIS

[alexander_busek]

That’s super high rent tardo.

No, actually, considering the extreme size of the studio (thousands of sq.ft. of floorspace) and its elaborate amenities (showers, steam rooms, a non-alcoholic cocktail bar, etc.), it's quite cheap.

Regards,

[genghis]

Let the shooting begin

[genghis]

These govs are absolutely no different than any other tyrant

[joma89]

More criminal government on display.

JoMa

[nonliberal]

The boot lickers on this forum keep forgetting that the police enforce these lockdowns. Target the police.

[chrisnj]

‘Voting
Police
Courts

Now what?’

Nothing can be done but to leave and let them destroy themselves

[mewzilla]

It isn’t in NYS. Our legis latte told Cuomo in March that he can do anything he wants in his EOs. The gutless legislature is happy it doesn’t have to vote.

Ditto for NJ?