HOLLY RIDGE — A clash between a business owner and Holly Ridge authorities over the operation of a gym has put the selective state-mandated closure of businesses under a local microscope.

The debate over which businesses can open has raged for weeks, as many of Governor Roy Cooper’s executive orders have included considerable grey areas and wiggle room. Some businesses, like auto dealers and breweries, have had success getting exceptions when their respective lobbyist groups put pressure on local and state officials. In other cases, organizations like churches were exempted when the state Sheriff’s Association weighed in, followed by a lawsuit in federal court.

But other businesses — like gyms and bars — have not had the same success.

In the case of Nick Koumalatsos, a retired MARSOC operator who reopened his gym earlier this month — triggering what he claims was a disproportionate reaction by local police — the tension between the need for public health restrictions to prevent the spread of Covid-19 and the apparently unequal application of the law by authorities has become acute.

On the one hand, Koumalatsos did violate the Govenor’s order by reopening. On the other hand, the way the local authorities enforced that order appears to have been erratic and potentially illegal, according to Koumalatsos. Further, Koumalatsos takes issue with the order itself, questioning why his business, which was following federal safety guidelines, should be forced to stay closed while others were allowed to reopen.

Koumalatsos’ background

Nick Koumalatsos spent 12 years of his life defending his country as a Marine. After spending his final half in the service with the Marine Special Operations Command (MARSOC), Koumalatsos has since retired from the Marines. Now he spends his time running several businesses, including the Snap Fitness gym, out of the small Onslow County town of Holly Ridge.

Although his time in the Marines might be over, Koumalatsos says he now faces a new fight to defend his freedom.

It isn’t on the battlefields of Afghanistan or Iraq that his new fight is taking place; instead, it’s right here at home. After the Holly Ridge Police Department ‘raided’ his gym for remaining open despite Governor Roy Cooper’s orders to stay closed, Koumalatsos is fighting back against what he believes is a violation of those rights that he spent years defending.

“On multiple occasions, I raised my right hand and swore an oath to defend The Constitution. Now in my life, I want to enjoy the Constitution and enjoy my rights and freedoms,” Koumalatsos said in a YouTube video he posted on May 19.

The phased reopening of the economy overseen by the state has been confusing to many, and it has changed multiple times. The governor’s emergency declaration itself said that only essential businesses could remain open during the state of emergency — while businesses able to maintain social distancing measures and proper sanitation could be deemed essential.

In its second phase of pulling back economic restrictions, the governor reopened restaurants for in-person dining, along with tattoo shops and hair salons — but gyms were to remain closed.

Members offer their support

It’s not just Koumalatsos questioning the governor’s orders and the classification of gyms as nonessential. Members of Snap Fitness reached out to explain why they see the gym as an essential part of their lives. For many people, working out is not just about a sound body, but it also plays a role in maintaining a sound mind.

John Stephens is a disabled veteran who works out at Snap Fitness as part of his recovery process. But since the gyms have closed, he has been unable to do so.

“I am a disabled veteran with the Marines. I am very disappointed with the governor’s ideas on how to govern other people’s business; especially Snap Fitness gym, due to the fact that I’m a quadriplegic who requires physical development for my recovery, which I was receiving at Snap Fitness. Because of the shutdown, my mobility recovery has been put on a two-month hold. It has affected my abilities mentally and physically for further strengthening. My physical therapy is extremely essential towards my everyday life,” Stephens said.

And it’s not just Stephens who feels that way.

Tony Morris lost his wife in October of last year.

Until the gym was shut down, he saw his time there as a reprieve from a devastating life event — a way to escape severe emotional distress through exercise.

“I lost my beautiful wife of 31 years to leukemia in October of last year. As I was trying to find my way, I decided to join Snap Fitness. I cannot express in words how much that decision helped me. I’ve lost 54 pounds, my concentration and focus on my life ahead has direction. I find a lot of comfort there that really helps me get through the bad days,” Morris said.

From two weeks to two months

When the governor decided to effectively shut down the state with the intent of slowing the spread of Covid-19, Koumalatsos followed the rules and closed his gym.

“Initially I said, ‘Okay. We don’t know how bad this is going to get so let’s do the right thing here and let’s shut it …’” he recalled.

That was in mid-March.

By the time May came around and Cooper announced his plans for a three-phase reopening of the state, Koumalatsos decided it was time to reopen his gym. Following the guidance of the Centers for Disease Control and Prevention (CDC), he started welcoming members back to his gym.

“On May 1, I made the personal choice to open my training facility to its members by following the CDC’s guidelines, which was making sure people’s temperatures were checked, making sure they were six feet apart …” he said.

Things were relatively quiet for the first week, but on May 7, Koumalatsos got a visit from the Holly Ridge Police Department — a visit he likened to a raid.

“When we opened May 1 through May 7, there were really no issues. On May 7, they came in very aggressively and raided the gym essentially,” he said.

Police entered the gym, which had its doors open to increase the airflow inside and provide adequate ventilation. According to Koumalatsos, police rushed inside with their hands on their weapons, started yelling at gym members, and blocked off the parking lot ingress and egress to prevent people from leaving.

The gym was effectively shut down and Koumalatsos received a Class 2 misdemeanor — but this was far from the end of police involvement.

“About an hour later the chief [Keith Whaley] shows up at my house, we had a nice, very cordial conversation. He said ‘that should not have happened that way,’ he took the misdemeanor back and said he was going to void it and that we should have been on a warning schedule,” Koumalatsos said.

A second reopening

On May 8, a day after the interaction with police, Koumalatsos once again opened his gym. He said he was told that police officers would operate on a warning system: businesses would have three warnings before receiving a citation or given criminal charges.

According to Koumalatsos, his business only received one warning after a member of his own gym sent an email to the town staff informing them that the gym was reopening. Apparently, the initial interaction on May 7 was not considered a warning.

The chief then called Koumalatsos and told him about an email from a gym member and said that would be considered his first warning.

Things were once again running smoothly until May 18.

On that Monday, Koumalatsos was leading private training at the gym with military and law enforcement members when Captain Ewan Richards came and told him to shut things down, despite the conflicting direction he had received from the police chief.

“I tried to call the chief and the chief’s number had been disconnected. This is when I found out that the chief had been placed on temporary leave, pending investigation,” Koumalatsos said.

It is unclear why Whaley was placed on temporary leave, but according to the Jacksonville Daily Times, Town Manager Heather Reynolds confirmed there was an ongoing investigation that she could not provide comment for regarding the chief.

According to Koumalatsos, Captain Richards came back with a bullhorn and started harassing members and taking videos of their license plates, threatening to cite them if they didn’t leave.

“That is where I kind of drew the line,” he said. “It is one thing for them to harass me, as a business owner, but you are starting to harass citizens of the city. I just couldn’t in good faith watch that, so I decided to shut the gym down and take this on more [as a] political stance.”

Another point of contention Koumalatsos has with Richards is that on May 18, when the police entered his gym, they did so using an unauthorized access card. The gym itself provides controlled access since it is a 24/7 facility. Members are given keycards that unlock the doors and allow them access. When Richards entered the gym, despite not being a member, he had a keycard to do so.

“On the 18th when they came in they used an unauthorized card to access the facility, they had no warrant. They were not invited in. They had a card we believe is from 2010. I bought this gym in May of 2018. I had no knowledge that they had a card but when the card scanned, we figured out what it was and it was a card that was issued to ‘an employee’, and we had no knowledge of that,” Koumalatsos said.

The town responds

It took just a few days for the Town of Holly Ridge to respond to Koumalatsos’ claims. While the town does admit that police entered the gym, it appears the town is standing by the actions taken by the police department.

“There has been a lot of attention on the Holly Ridge Police Department warning and shutting down a local 24-hour gym, Snap Fitness. The police department was enforcing Governor Cooper’s Executive order after receiving advice from the Onslow County District Attorney, Ernie Lee. The Executive Order states that gyms are not to be open during Phase 1. The officers are employed by the Town of Holly Ridge, and routinely reach out to the DA for guidance. Police officers are officers of the state and the DA represents the state at the local level,” according to a press release from the town.

When it comes to the unauthorized keycard, the town claims the accusations are incorrect and that the card had been given to the police department in the past.

“The police department has been accused of using a police officer’s personal old key card to access the building. This accusation is not true. Snap Fitness had previously given the Holly Ridge Police a key card. Since the Police Department had been given a key by the gym and was using it for police purposes, the DA states this is not trespassing. It should be noted that neither the owner of the gym or any patron received a citation, according to the press release.

This argument is something Koumalatsos said lawyers will have to hash out in court because he believed that the keycard should have been returned to the gym in 2010, and regardless of what previous owners did, Koumalatsos had not given police permission to access his gym.

The town reiterated it would stand by the actions of its police department. However, it is worth pointing out that towns do not often put out press releases that go against their own police departments.

“The Town Council has and will continue to support the Holly Ridge Police Department in their discretion in following the advice of the district attorney. The Town of Holly Ridge has not imposed any additional restrictions to the Governor’s order. The Town Council of Holly Ridge adopted a resolution on 5.20.2020 asking the Governor to allow businesses to decide if they want to reopen with the Town’s encouragement to follow CDC regulations and to encourage citizens to use their discretion on frequenting local businesses,” the press release concluded.

Legal repercussions

Despite the fact that the town has tried to downplay the events that took place, Koumalatsos is not yet ready to give up his fight against what he believes was a Fourth Amendment violation.

Koumalatsos started a GoFundMe page and, as of Memorial Day morning, has raised $47,187 of his $50,000 goal to help pay for legal expenses that he expects when he takes the town to court.

But it’s not just the Fourth Amendment he is concerned about; Koumalatsos is also talking about pursuing a constitutional case against Governor Cooper.

“There is another case, on a constitutional level, with the Governor — the way that he is handling [things], picking winners and losers of businesses. The fact that tattoo shops can be open but a healthy fitness establishment can’t is absurd,” Koumalatsos said.

At the time of publication, nothing has been filed in court against the town or the state, but it appears to just be a matter of time until they are. For now the gym is closed, but how long Koumalatsos will keep it that way is yet to be determined. And although his time in the Marine Corps has come to an end, he says he’ll continue to defend the Constitution — on or off a battlefield.

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Story by Michael Praats, video by Mark Darrough