After an ‘unproductive’ talk with the governor, NC bar owners file lawsuit to reopen
A group of nearly 200 bar owners in North Carolina have filed a lawsuit against Gov. Roy Cooper in an effort to immediately reopen bars in the state.
Last month, when Cooper moved North Carolina into Phase Two of its coronavirus reopening plan, restaurants, brewery taprooms and wineries were allowed to open and serve drinks for the first time in two months. Bars, on the other hand, were excluded and have remained closed.
The suit seeks a temporary restraining order from Executive Order 141, which eased North Carolina’s stay-at-home restrictions.
The suit is led by the North Carolina Bar & Tavern Association, which was organized by Raleigh bar owner Zack Medford.
Bar owners argue that the state arbitrarily drew a line between bars and restaurants in its reopening plan, allowing one to open, but not the other, despite no scientific distinction between the two businesses.
“Despite our numerous requests, the governor’s office has offered no science or data showing that having a drink in a private bar is more dangerous than having a drink in a brewery bar, distillery bar, or even a restaurant bar,” Medford said in a news release.
Bars got excluded from Phase Two
Bars were originally included among the businesses to reopen under Phase Two, but Cooper and public health officials said the state’s coronavirus data failed to meet certain benchmarks. In an effort to limit the number of businesses opening at the same time, bars and gyms were excluded from the order.
Cooper is fighting the bar battle on a couple of fronts. In addition to the lawsuit, both houses of the North Carolina General Assembly passed a bill that would immediately reopen bars and expand outdoor seating in restaurants. That bill was sent to Cooper last week and awaits his signature or veto.
In Thursday afternoon’s press briefing, Cooper addressed the bill before him and also suggested bars could open earlier than Phase Three, which is still weeks away.
“We’re analyzing whether bars and gyms should be able to reopen, and I will say there is a possibility that even before we get to the timeline of Phase Three, that we might want to do a Phase 2.5 or look at some of these additional items that might boost our economy but that we would feel safe about not boosting the number of COVID-19 cases enough to overwhelm our hospitals,” Cooper said. “That is something we are considering.”
Initially the bar and tavern group gave Cooper a Friday, May 29 deadline to address its demands or it would file suit. After hearing from the governor’s office, the group delayed its filing.
Medford said that the NCBATA had a conversation with the governor’s office on June 3, but characterized the conversation as “friendly but unproductive.”
Many groups filing suit
Lawsuits have come from a number of industries challenging North Carolina’s stay-at-home order and coronavirus-related restrictions. Churches, strip clubs and gyms have all filed suits against Cooper, aiming to reopen their doors.
The bar and tavern lawsuit comes on the same day North Carolina recorded its 1,000th death from the coronavirus and cases surpass 30,000.
Among the measures taken to lessen the spread of the virus, bars and restaurants were closed on March 17, leading to thousands of lost jobs for restaurant workers, the permanent closing of businesses and a dire moment for the state’s hospitality industry.
In its complaint, the Bar and Tavern group argues that many more bars will close for good unless they’re able to reopen immediately. The suit said there’s no reason private bars should remain closed while the bars in restaurants, hotels, breweries and wineries are able to operate in Phase Two, arguing there’s “no meaningful distinction” between the businesses.
Throughout the shutdown, restaurants have been able to bring in limited revenue through takeout orders, but bars have few options at the moment.
“By their irrational exclusion from the reopening provisions of the Phase 2 order, plaintiffs are continuing to be deprived of revenues earned or to be earned from the lawful operation of their enterprises,” the complain reads.
Restaurants reopened at half capacity on May 22.
Staff writers Jonathan M. Alexander, Dawn Baumgartner Vaughan and Will Doran contributed to this report.
This story was originally published June 4, 2020 at 6:43 PM.
