Judge rules against Ace Speedway in Alamance County, halts racing
Ace Speedway lost its legal battle to run races for big crowds during the coronavirus pandemic Wednesday after an Alamance County judge backed state health officials’ fight to curb the outbreak.
Superior Court Judge D. Thomas Lambeth Jr. said NC DHHS made a clear and compelling case for COVID-19 being a public emergency, and that large mass gatherings such as racetrack crowds are linked to increased spread.
His ruling grants the preliminary injunction mandating that Ace follow the June 9 order from DHHS, which required the track to close and halt operations.
“It feels as if we have forgotten that we are all on the same team fighting this deadly and dangerous virus,” Lambeth wrote Wednesday. “We love and cherish our freedoms, and our human nature tends towards resistance when we are told what we can and cannot do. We resisted our government telling us that we had to wear seatbelts until it was proven with overwhelming evidence that seatbelts save lives.”
Chuck Kitchen, attorney for Ace, said the speedway will seek relief from the Court of Appeals and challenge the original order from DHHS.
“We’re obviously disappointed,” he told The News & Observer Wednesday.
Ace Speedway defies coronavirus restrictions
Ace Speedway found itself in the statewide spotlight over Cooper’s COVID-19 restrictions, which caps outdoor crowds at 25 people. The judge’s decision Thursday came shortly after Cooper announced the state would remain under those restrictions for another three weeks, and that masks are now required statewide.
The track, however, held three races with fans in excess of a thousand by its own count. When The News & Observer attended a race in May, fans stood in in lines hundreds of people long, drinking beer and explaining they came as an expression of freedom. Few wore masks or face coverings.
Last week, the Alamance County Health Department director said at least one spectator who attended a May 30 race has contracted COVID-19. The person lives in Cabarrus County, Saunders said.
DHHS filed an order of abatement and sought a temporary restraining order in June, trying to close the track, and Lambeth granted it. DHHS has stressed that while its order puts a stop to racing, it allows track officials to propose a new plan for operating under restrictions with social distancing.
Last week, the track’s owners Robert and Jason Turner testified they had taken precautions to prevent the virus’ spread. Kitchen, their attorney, argued the pandemic hadn’t spread badly enough in North Carolina to justify a state of emergency.
He said enforcement had been unequal throughout the state and Turner had been singled out for speaking to the press.
“I’m going to race and I’m going to have people in the stands,” Turner told the Times-News in Burlington in May. “And unless they can barricade the road, I’m going to do it. The racing community wants to race. They’re sick and tired of the politics. People are not scared of something that ain’t killing nobody. It may kill .03 percent, but we deal with more than that every day, and I’m not buying it no more.”
This story was originally published June 24, 2020 at 5:19 PM.