BELLMAWR, N.J. — A federal judge has declined to allow a southern New Jersey gym to reopen as it continues a constitutional challenge to the state order that shut down businesses deemed non-essential in order to help stem the spread of the coronavirus.
U.S. District Judge Robert Kugler on Friday denied a temporary restraining order sought by the owners of Atilis Gym, of Bellmawr, who filed suit last month accusing Gov. Phil Murphy of having “arbitrarily” deemed some businesses essential while declaring others non-essential, NJ.com reported.
The owners reopened the gym several times in May and were cited by police for violating the state executive order.
The owners have said the decision to resume operations at the members-only facility wasn't about financial gain, but rather a question of Constitutional rights.
The owners' attorney told Law360 that he was disappointed but vowed an appeal.