NC legislature votes to let bars reopen, while Gov. Cooper says it’s not yet time
North Carolina’s legislature Thursday approved a bill that would allow some food and drink establishments to operate at 100% capacity.
Bars have not been authorized to reopen under Gov. Roy Cooper’s guidelines for Phase Two of easing restrictions, but if the governor signs the bill into law, they would be allowed to serve customers solely outdoors.
House Bill 536 passed 42-5 in the Senate and 65-53 in the House. It will now go to Cooper, who has said it’s not time to reopen bars yet.
In addition to allowing bars to reopen, if signed, the bill would allow restaurants, brewpubs, distilleries, wineries and breweries that have already been authorized to reopen under Phase Two to seat 50% capacity, or 100 customers — whichever is less — outside, in addition to the 50% capacity already allowed inside.
“Nobody has been more decimated by the (coronavirus) than our restaurants, our private bars and clubs, our breweries, our distilleries and our wineries,” Sen. Rick Gunn, a Republican from Burlington leading the push for the legislation in the Senate, said Thursday. “Today, we can send a message in a responsible way that we’re going to do all we can to help you be successful.”
Even after many Democrats in the Republican-controlled Senate voted in favor of the bill, the Democratic governor said he hoped lawmakers would change course. Cooper didn’t say if he would veto the bill.
“We’re six days into Phase Two, and on a day when we’re seeing some of our highest numbers of hospitalizations and deaths, the Senate wants to open bars,” Cooper said at a news conference Thursday afternoon.
“I know that it is a tough time for business, and I believe there will be a time when we can open bars, but that time is not now,” he said, “and I hope that the House will look at this carefully and senators will reconsider their choice about this. We’ve got to keep the health and safety of North Carolinians as our No. 1 priority.”
Less than two hours after Cooper’s remarks, the Republican-controlled House approved the bill, but with more Democratic opposition than in the Senate.
Mixed feelings
In its original form, the legislation was separated into two bills, one for restaurants and another for bars, distilleries, wineries, breweries and brewpubs. It was amended Thursday to combine all food and drink establishments into one bill.
In mid-March, Cooper shuttered restaurants and bars in an attempt to slow the spread of the novel coronavirus.
State officials originally said bars would likely be able to reopen in Phase Two. But when it came time to implement the second phase of North Carolina’s reopening, the governor opted for what he said was a more moderate approach, which did not authorize the reopening of bars. The new guidelines have been controversial.
“Up until just now when I saw your amendment, it was my understanding that we were going to treat restaurants under one bill and bars under another,” Sen. Natasha Marcus, a Democrat from Davidson, said after the amendment was introduced. “Would you agree there’s a very big difference in how clients interact at a restaurant versus a bar?”
Gunn said he did not think there was a difference, emphasizing that all food and drink establishments would still follow state and federal guidelines, implement social distancing and operate at reduced capacity.
Marcus also expressed her concern that the bill did not include a “safety switch,” which would account for a second wave of COVID-19 cases in the state. Ultimately, though, she voted for the bill.
“If it’s the only way we can help our restaurants and bars, then I’m going to do it,” Marcus said ahead of voting. “But I want to be on record to say I think we’re getting into some very dangerous territory, and I don’t think prayers or optimism are going to be sufficient.”
Sen. Wiley Nickel, a Democrat from Cary, was also among the handful of senators who expressed mixed feelings about the bill.
The Senate was slated to convene at 9 a.m. Thursday morning, but started around 15 minutes late, in part because Democrats were discussing how they were going to respond to the bill, Nickel said in a text message Thursday.
“For me it comes down to one central issue,” Nickel said. “We’re taking power away from the governor, and I don’t trust this body to give it back.”
Nickel, who also called the bill “irresponsible,” was one of five Senate Democrats who voted against it. When the original pair of bills were introduced in committees earlier this week, both passed with little-to-no opposition.
A vote along party lines
In the House, the vote was nearly along party lines. Just two Democrats voted in favor of the bill.
“I know the COVID kumbaya is over,” Rep. Robert Reives, a Democrat from Sanford, said.
Democratic Leader Darren Jackson said the bill, which was brought up on the House floor mere minutes after Cooper said now was not the time for bars to reopen, sets a bad precedent.
“I just don’t think opening bars is consistent with the advice we’re getting from our public health experts,” Jackson, a Democrat from Wake County, said.
House Republicans unanimously supported the bill. Many who spoke in favor of it said they wanted to get people back to work.
“This bill does very little except allow some people to get back to work,” said Rep. Michael Speciale, a Republican from New Bern. “It’s that simple.”
Rep. Chuck McGrady, who introduced the bill on the House floor Thursday afternoon, said the bill was not an attempt to thwart the governor’s orders.
“That’s not the intention of this member and not the intention of other members,” McGrady, a Republican from Hendersonville, said.
NC House Speaker Tim Moore said that the bill would not tie Cooper’s hands from issuing a new executive order if there was a spike in cases.
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This story was originally published May 28, 2020 at 10:41 AM.
