In a recent development, the North Carolina Court of Appeals has delivered a verdict stating that Governor Roy Cooper's measures during the COVID-19 crisis, specifically the closure of bars, were unconstitutional. This judgment has far-reaching implications for the state's public health policies and the livelihood of business owners.
The Lawsuit
A lawsuit initiated by nearly 200 bar owners in North Carolina marked the genesis of this case. Their grievance was against Governor Cooper's executive order that allowed restaurants to operate at 50% capacity while keeping bars completely shut. They contended that this differentiation was arbitrary and unfair.
The Court's Ruling
In a ruling delivered on Tuesday, a panel of three Republican judges concluded that the governor's decision violated the state's constitution. They agreed that Governor Cooper was able to close businesses in light of public health concerns. However, they found fault with the uneven approach towards reopening, which subjected bar owners to unjust treatment.
The court stated, “The unequal treatment of Plaintiffs had the effect of denying their fundamental right to earn a living by the continued operation of their businesses.”
The Governor's Defense
In response to the ruling, Governor Cooper's office defended the lockdown measures. Mary Scott Winstead, the Communications Director for Cooper, highlighted the complex challenges the state grappled with at the onset of the pandemic.
“The balanced and necessary actions the state took in consultation with health officials early in the pandemic followed the law, saved lives and saved jobs,” Winstead said. “When this action was taken almost four years ago, hospitals were overflowing, thousands of people were dying, protective equipment was in short supply and vaccines and treatments were nonexistent.”
Zack Medford, who spearheaded the group of bar owners, expressed his dissatisfaction with the state's actions during the pandemic. He pointed out the devastating impact the closures had on many bars, with several being compelled to close permanently.
“We never asked for special treatment, only equal treatment,” Medford said in a statement. “Unfortunately, these private bars were forced to stay closed for a full year and without relief from the state. The governor’s decision forced many of these bars to eventually close permanently. Today’s ruling makes it clear that the governor was wrong and now the state needs to make it right.”
Further Legal Proceedings
While the court sided with the plaintiffs on the issue of unequal treatment, it dismissed some of their other claims. Specifically, the argument that the Governor had unconstitutionally taken their property away without proper compensation was rejected.
The case will now return to the trial court for further proceedings. However, an appeal to the state Supreme Court by either party remains a potential outcome.
This lawsuit and subsequent ruling shine a spotlight on the delicate balance between public health and economic survival. It raises pertinent questions about the role of the government and the rights of business owners in times of crisis.
The state's response to the pandemic, while aimed at safeguarding public health, has been deemed unconstitutional due to its uneven impact on different business sectors. This ruling is a reminder that even in times of crisis, the Constitution remains the guiding light.
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