A police officer issues Atilis Gym co-owners Ian Smith, left, and Frank Trumbetti summons outside their gym in Bellmawr, New Jersey, on May 19, 2020. The gym reopened for business, defying a state order that shut down nonessential businesses to help stem the spread of the coronavirus. (AP Photo/Matt Rourke)
A gym that attempted to reopen in defiance of New Jersey’s COVID-19-related restrictions on businesses has filed a constitutional challenge over its classification as nonessential.
Atilis Gym Bellmawr claims in its suit that New Jersey’s executive orders 107, 119 and 138 violate its due process and equal protection rights under the Fourteenth Amendment and its rights under the Takings Clause of the Fifth Amendment. The suit takes issue with New Jersey’s determination that gyms are nonessential businesses while establishments, such as liquor stores and big box stores, were deemed essential and allowed to remain open.
