A New Jersey gym owner who has stayed open in defiance of coronavirus lockdowns said the state emptied a bank account containing almost $200,000.
“As of yesterday morning, my partner and I checked the bank statement … and we had no money in our bank account,” Atilis Gym co-owner Ian Smith told Fox News’s Tucker Carlson on Thursday night.
The day before, Smith tweeted that New Jersey Gov. Phil Murphy “and his cronies” had seized their legal defense fund, which amounted to $173,613.
“Moments ago @GovMurphy and his cronies seized 100% of @TheAtilisGym legal defense money ($173,613.60) in the middle of our appeals process – effectively and intentionally interfering with our right to council,” Smith tweeted. “If you think that’s gonna make us stand down, you’re delusional.”
Moments ago @GovMurphy and his cronies seized 100% of @TheAtilisGym legal defense money ($173,613.60) in the middle of our appeals process – effectively and intentionally interfering with our right to council. If you think that’s gonna make us stand down, you’re delusional.
— Ian Smith (@iansmithfitness) January 13, 2021
A spokesperson for the state denied that the legal funds had been seized but said, “However, the State has obtained judgments against the owners, and intends to collect on them. The total due and owing as a result of court-entered judgments to date is $134,463.08.”
The spokesperson subsequently added that $165,222 of the gym’s assets had been “frozen as a result of a bank levy having been issued due to the State’s collection efforts.”
“Again, we can confirm that we’re seeking to collect on the judgement that has been entered into: $134,463.08,” the spokesperson said. “Whether that affects the entire balance of the gym’s funds is a question to ask the bank.”
Gyms are allowed to be open in New Jersey, but they must adhere to certain guidelines imposed by the state, including mandatory facial coverings, which Atilis has not done. This has resulted in a $15,000 daily fine against the company.
Smith and his business partner Frank Trumbetti have been engaged in a battle with the state over reopening for several months, which has resulted in massive fines, a contempt and obstruction charge, the stripping of their business license, and the threat of prison time.
