Ian Smith, the co-owner of Atilis Gym in New Jersey, made headlines during the pandemic for keeping his doors open despite orders from Gov. Phil Murphy to close all non-essential businesses. Everything the state threw at him—fines, arrests, revoking business licenses, doors closed, bank accounts wiped—none of it worked.
“No government official will ever tell me that I am not able to provide for my family,” he said in 2020. “I do not answer to public servants – no matter what threats or punishments they impose. I am a free man. I do not ask for permission. I do not ask for forgiveness. You work for us. The only way you’ll ever close these doors is when you close my casket.”
It took four years, but Smith has now been cleared of more than 80 charges related to his refusal to close the gym’s doors.
Several of the charges — which included violating a governor’s orders, operating without a mercantile license, creating a public nuisance and disturbing the peace — could have landed the duo in jail for six months, according to their attorney, John McCann of Oakland, New Jersey.
But late last month, a municipal judge in Winslow Township dropped the charges — following a nearly four-year legal battle, McCann told the outlet.
“It was a just decision,” McCann told The Post on Tuesday, adding that the pair were improperly charged by local authorities.
“[The town] was not acting in good faith.” […]
Neither local nor state officials decided to appeal the ruling, McCann said.
“When you look at this, it didn’t make a lot of sense at the time,” McCann told NJ.com.
“It kind of looked like they were throwing everything they could at these guys … these charges hung over these guys’ heads for over four years.”
“We didn’t get a lot of cooperation from Bellmawr with regard to discovery,” he continued. “The only thing we got with regard to discovery was the summonses.”
“You need the reports, you need a whole bunch of stuff,” McCann said. “The judge in Winslow said Bellmawr didn’t provide their court with meaningful discovery to give to us. She basically said that Bellmawr ignored the requests.” (New York Post)
Smith celebrated the news in a post on social media.
“This victory opens the battlefield again and gives us options to continue to push back and bring justice to the treasonous actions of Phil Murphy and his lackies,” Smith said. "Nobody is coming to save you, save yourself. Spit on your hands and hoist the black flag. No quarter."
IMPORTANT ANNOUNCEMENT - PLEASE SHARE THIS THIS POST.
— Ian Smith (@iansmithfitness) May 18, 2024
4 years ago today, we reopened Atilis Gym in direct violation of an unconstitutional order by Governor Philip Murphy to close small businesses in New Jersey.
The support we received locally, nationally, and internationally…
