Camden County Superior Court Judge Robert Lougy

A judge has found the owners of a gym in contempt of court for refusing to comply with a state-ordered shutdown during the COVID-19 pandemic.

Camden County Superior Court Judge Robert Lougy found Atilis Gym of Bellmawr in contempt Friday, and ordered the club to pay legal fees and court costs from the case, an amount to be decided later. The judge said the gym disregarded a July 1 order from State Health Commissioner Judith Persichilli directing Atilis Gym to stay closed and a July 20 court order enforcing Persichilli's order.

As the state faces legal challenges to various measures intended to prevent the spread of COVID-19, Friday's ruling is an indicator that flouting those orders can have real consequences.

"Today's ruling underscores that companies cannot disregard the governor's executive orders, which are designed to protect us all in the face of an unprecedented public health crisis," Attorney General Gurbir Grewal said in a statement. "While I wish it had not come to this, I am grateful that the court recognized the need for compliance. The vast majority of businesses and residents are following these rules and doing their part to keep their friends and neighbors safe, and those few companies who flout our executive orders are once again on notice that we will hold them accountable, and that there will be serious consequences for their actions."

The gym's attorney, James Mermigis of Syosset, New York, said in an email, "There was absolutely no proof presented that my clients were in violation of a court order. No certifications of witnesses were submitted and no evidence of anyone working out inside the gym was submitted as proof. The report stated that people were walking to and from the gym without masks. My clients cannot control whether people wear masks outside of their premises."

The Atilis Gym's owners filed their own suit in May to challenge the state's COVID-19 restrictions on gyms and health clubs, but withdrew it without prejudice on June 23 to pursue their remedies in state court.

Under Persichilli's order, Atilis and other gyms can open their doors for appointment-only, fitness instruction to an individual, and that individual's immediate family members, household members or romantic partners. If multiple sessions take place, they must be in different rooms or separated by floor-to-ceiling partitions, the order states.

After gym owners Frank Trumbetti and Ian Smith said in media interviews that they would not abide by the judge's order, inspectors from the state Department of Health attempted to inspect Atilis Gym, accompanied by police officers on July 22. But the owners did not allow the inspection. Trumbetti and Smith told the inspectors that "everyone within the gym are considered romantic partners," according to court papers.

The inspectors reported that staff at Atilis Gym were not provided masks or protective equipment, use of masks by patrons is not required, and no patrons were seen wearing masks. The inspectors said the gym had covered its windows with paper to block the view inside, that Trumbetti and Smith confirmed no private classes were offered, and no floor-to-ceiling partitions were installed.

On that same day, the Camden County Prosecutor's Office placed the gym under surveillance. During a four-and-half-hour surveillance session, 72 people were seen entering the gym, but only two were wearing masks. Only 10 of the 72 arrived in pairs, and the rest came individually, in separate vehicles.

During two hours of surveillance in the late afternoon, 33 people entered the gym, with 10 seen donning masks. Eleven of the 33 came in groups of two or three, according to the surveillance report.

The state's lawyers told Lougy that it's unlikely that those patrons were receiving individual training sessions, since Trumbetti and Smith have said they are the gym's only employees, and it's unlikely that those arriving are members of the same family or romantic partners, since most arrived in separate vehicles.