New Jersey gym owners cited after reopening live on ‘Fox & Friends’ in defiance of governor’s order

Describing the group as “very pro-law enforcement,” Hegseth asked what would happen if state police showed up.

“We’re ready for whatever consequences come our way,” Smith said. “We’re standing up for what we believe to be right.”

Though Hegseth predicted a “looming confrontation” with law enforcement and claimed, without evidence, that a SWAT team was waiting nearby, local police officers stood by as people filed into the gym. Several hours after the doors opened, a Bellmawr police officer announced that the owners and crowd were “all in violation of the executive order” before telling them to “have a good day” and departing. There was an eruption of cheers.

But Bellmawr police later returned to charge Smith and co-owner Frank Trumbetti on a summons with disorderly conduct offenses. Murphy addressed the tension by reiterating during a news conference that New Jersey — which has recorded 10,435 coronavirus deaths — was “not out of the woods yet,” making restrictions necessary.

New Jersey Attorney General Gurbir S. Grewal said in a statement on Monday that law enforcement officers are “balancing public health and public safety” and “those individuals who violate the Governor’s orders make it harder for our officers to do their jobs and they put our officers at risk.”

James Mermigis, an attorney for the gym owners, told The Washington Post that the two have a court date in early June and intend to defend their actions. Smith could face a $2,000 fine and six months in jail, Mermigis said, but is “more concerned about his constitutional rights.” He said that while Smith initially did not protest the governor’s order, he grew frustrated with its continuation.

“I do agree in certain situations we do need an executive to have that power to contain things and to do things that are in the best interests of the residents of the state that they govern,” Mermigis said. “I’m not going to dispute that. But in certain situations, such as this, we do believe that his powers have gone too far and for too long.”

Nonessential businesses across New Jersey were allowed to reopen beginning Monday with curbside pickup and delivery services. Restaurants and bars remained open for drive-through, takeout and delivery only. But gyms were required to stay closed, along with malls, bowling alleys, salons, tattoo parlors, movie theaters and casinos.

Polling has found that a majority of Americans oppose reopening most businesses; a Washington Post-University of Maryland survey conducted in late April and early May found that 78 percent of respondents opposed reopening gyms and fitness centers. But among some conservatives who believe the economy should reopen immediately, Smith and Trumbetti became a cause celebre.

Smith made a Wednesday appearance on Fox News’s “Tucker Carlson Tonight,” where Carlson declared that Murphy was keeping the state under restrictions “indefinitely, as long as he says so.” He asked Smith why he decided to reopen despite orders from the governor, “who has all power; he can do whatever he wants to.”

“I’ve watched people lose their jobs, and there’s no progress moving forward,” Smith responded. “We’re ready to take action ourselves, and we have thought long and hard about it. All of our actions come from the heart, with not our best interests in mind, but what we feel is the greater good for ourselves, our community, and the state and nation as a whole.”

On Instagram, he shared memes suggesting that Democratic governors want their states to remain closed to hurt President Trump’s reelection prospects and claiming that the virus death toll is being overstated, as well as one saying he was taking the health threat seriously but also worried about governmental overreach and economic devastation.

Smith was treated “like a local celebrity” at his gym on Monday, a Philadelphia Inquirer reporter noted, with supporters asking for selfies with him. The crowd spilled into the parking lot, holding “Don’t tread on me” flags. One person waved a flag representing the Three Percenters, a militia group.

The gym owners said they were taking safety precautions, including limiting capacity to 20 percent, checking temperatures before entry and offering hand sanitizer. The two wore masks, although Hegseth and most in the crowd did not. Signs outside the door called for masks and social distancing.

“He’s not forcing people to go to his gym,” Mermigis said. “If people want to take that chance and go into the gym, he has it available for them, and that’s all it is.”

Hegseth, who spent hours at Atilis, championed the gym owners as “good, hard-working, patriotic and RESPONSIBLE people” as well as “great Americans.”

“They just want to WORK, and work hard,” he tweeted. “If @GovMurphy still tries to shut them down — it’s only about POWER.”

Trumbetti encouraged other business owners to reopen while still trying to keep customers safe, noting to NBC New York that “you can’t just open up and be a rebel.”

Another business owner, George Verdis of Brick & Mirror Beauty Bar, has announced that he plans to follow Atilis Gym in reopening. In an interview with NJ.com, he said he’d “had enough” and been closed “long enough.”

Asked during his news conference whether he worried that such defiance could spiral out of control, Murphy said he was not.

“I’m not concerned it will spiral out of control, and we will take action,” he said. “If you show up at that gym again tomorrow, there’s going to be a different reality than showing up today. These aren’t just words. We’ve got to enforce this, but I also don’t want to start World War III.”

Smith, meanwhile, said the gym is indeed planning to open again Tuesday, telling Hegseth, “We will not stand down.”