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| Woody Marshall/News & Record via AP, File |
The North Carolina Supreme Court issued favorable rulings Friday for bars and their operators in litigation seeking monetary compensation from the state for COVID-19 restrictions first issued by then-Gov. Roy Cooper that shuttered their doors and, in their view, treated them unfairly compared to restaurants.
The majority decisions by the justices mean a pair of lawsuits — one filed by several North Carolina bars and their operators and the second by the North Carolina Bar and Tavern Association and other private bars — remain alive, and future court orders directing the state pay them financial damages are possible.
As a way to ease the spread of coronavirus, Cooper — a Democrat who left office last December and is now running for U.S. Senate — issued a series of executive orders that closed bars starting in March 2020. By that summer, bars still had to remain closed, but restaurants and breweries could serve alcohol during certain hours. Later in 2020, bars could serve alcoholic drinks in outdoor seating, with time limits later added, but the plaintiffs said it was unprofitable to operate. All temporary restrictions on bars were lifted in May 2021.
Lawyers defending Cooper have said the orders issued in the ninth-largest state were based on the most current scientific studies and public health data available at a time when thousands were ill or dying and vaccines weren't widely available.
On Friday, the court's five Republican justices in one lawsuit agreed it could continue to trial, rejecting arguments from state attorneys that the litigation must be halted based on a legal doctrine that exempts state government from most lawsuits. That decision largely upheld a Court of Appeals decision from two years ago that had affirmed a trial judge's order to allow the action filed by Tiffany Howell, seven other people and nine businesses to be heard.
“We acknowledge that the COVID-19 pandemic was a chaotic period of time,” Chief Justice Paul Newby wrote in the prevailing opinion. “It is important to remember, however, that the Governor was not the only person facing uncertainty. Small business owners across the state dutifully shuttered their doors and scaled back operations without knowing exactly when they could open or operate fully again.” --->READ MORE HERE
Former Gov. Roy Cooper's Covid-19 lockdown rules should be put on trial, the state's highest court ordered, in a win for business owners seeking restitution.
North Carolina bar owners who sued the state over Covid-19 lockdown rules can take their case to trial, the North Carolina Supreme Court ruled Friday.
It comes more than four years after the lockdowns ended, and one month after the target of the lawsuit — former Gov. Roy Cooper, who issued the lockdown orders in question — launched a nationally watched U.S. Senate campaign for the 2026 elections.
The 5-2 ruling divided the court along party lines.
The court's Republican majority ruled that whenever emergency orders stop people or businesses from making money, that could be a violation of their constitutional rights.
The two Democrats dissented, writing that the governor needs the ability to act quickly — even if it means making imperfect decisions in hindsight — because protecting public safety in an emergency often requires taking sweeping actions made with limited information.
North Carolina's constitution goes further than the U.S. Constitution does when it comes to guaranteeing financial opportunity — a distinction that was at the center of Friday’s decision. The state constitution declares that North Carolinians "are endowed by their Creator with certain inalienable rights; that among these are life, liberty, the enjoyment of the fruits of their own labor, and the pursuit of happiness."
That "fruits of their own labor" guarantee was put in the state constitution after the Civil War, to hammer home the end of slavery in North Carolina. But in the last decade it has been the subject of a wave of new, broader interpretations in court, including in Friday’s ruling.
Justice Phil Berger Jr., writing for the majority, opined that Cooper over-extended his authority in reacting to the pandemic.
"Even in a declared emergency, the powers of those who act on behalf of the people have limits," Berger wrote. "And the citizens of this state rejected 'because I said so' governance long ago." --->READ MORE HEREFollow links below to relevant/related stories and resources:
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