In a recent ruling, a North Carolina appeals court found that Governor Roy Cooper’s orders during the COVID-19 pandemic, which allowed restaurants serving alcohol to reopen while keeping standalone bars closed, were unconstitutional. The court stated that the decision to keep bars closed while allowing restaurants to operate was “arbitrary and capricious” and violated the bar owners’ constitutional rights. The ruling highlighted the unequal treatment of bars and restaurants under the executive orders and deemed it “illogical” in relation to slowing the spread of the virus.
The series of orders issued by Governor Cooper since March 2020 initially closed all bars, but later allowed restaurants and breweries to serve alcohol during certain hours. However, bars remained closed, prompting the North Carolina Bar and Tavern Association along with over 185 private bars to file a lawsuit. The association argued that bars were capable of complying with safety measures such as reduced capacity and social distancing, similar to restaurants, and should have been allowed to reopen under the same guidelines.
Governor Cooper’s decision to keep bars closed was based on concerns about the increased risk of COVID-19 spread in bar settings. Despite the governor stating that the decision was backed by “data and science,” the court found that the state’s evidence failed to address the differences in risk between bars that were allowed to reopen and those that remained closed. The ruling highlighted two constitutional violations and criticized the lack of rationale behind the disparate treatment of bars and restaurants under the executive orders.
Following the court’s ruling, a spokesperson for Governor Cooper defended the state’s response to the pandemic, emphasizing consultation with health officials and compliance with the law to save lives and jobs. The association representing the bar owners celebrated the decision, stating that it was a victory for equal treatment. The case will now return to trial court to determine any monetary damages owed to the bar owners as a result of the unconstitutional orders. Governor Cooper has faced several legal challenges over his COVID-19 actions, with recent appeals court decisions favoring plaintiffs in similar cases.
This ruling comes amidst ongoing legal battles over COVID-19 restrictions and emergency powers in North Carolina. While Governor Cooper had previously been successful in court challenges to his pandemic responses, recent decisions have favored plaintiffs questioning the constitutionality of certain restrictions. The state Supreme Court is also set to rule on a separate case involving a racetrack temporarily closed due to gathering limits imposed by the governor in 2020. Overall, the recent appeals court ruling highlights the importance of balancing public health concerns with constitutional rights in times of crisis.
