Gyms, bars will remain closed after NC House fails to override Cooper’s veto of bill
Gyms and bars in North Carolina will remain closed the next three weeks after the North Carolina House fell short Wednesday of the votes necessary to override a veto by Gov. Roy Cooper that would allow them to reopen at 50% capacity.
The vote came just hours after Cooper announced the state would extend Phase Two of the reopening plan for three more weeks, instead of moving to the next phase Friday as scheduled. Masks will also be mandated statewide.
Cooper said the state’s coronavirus trends, including the number of cases and hospitalizations, continue to increase, even as testing has ramped up.
He said bars and gyms could be allowed to reopen under Phase Three, which could begin July 17 at the earliest.
House Bill 594, sponsored by Sen. Rick Gunn of Burlington, was the legislature’s second of four attempts to reopen businesses shuttered by Cooper in March to slow the spread of the novel coronavirus.
The vote was split mostly along party lines, with Republicans saying people needed to get back to work.
“People are losing their businesses,” said Rep. Keith Kidwell, a Republican from Chocowinity. “And as a result, they’re dying from stress. People are losing things they’ve worked for their entire lives to achieve.”
Democrats said the bill takes away the governor’s powers. It includes a provision that would require the governor to receive approval from the majority Republican Council of State to once again close businesses in the event that cases of COVID-19 spike.
“We have made this political,” said Rep. Robert Reives, a Democrat from Goldston. “These bills have been about cutting the governor’s power in an emergency, and I don’t trust this body to be nimble enough.”
Cooper also vetoed House Bill 536, which would have reopened bars at limited capacity and allowed restaurants to open at full capacity while seating half of its customers outside. The House did not vote to override that veto. Gunn then changed HB 594 to include all provisions from HB 536.
Two other bills, one that would reopen bowling alleys and skating rinks, and another that would reopen amusement parks and venues, have both been sent to the governor’s desk.
Reopening provisions
Under House Bill 594, bars would have been allowed to reopen and serve 50% of its customer capacity outdoors. Restaurants would also be able to increase their capacity, seating 50% of capacity outside, in addition to the 50% allowed inside under Cooper’s Phase Two guidelines.
Gyms, health clubs and other fitness facilities would have been allowed to reopen at 50% capacity. Those facilities would be required to check employees’ temperatures, though temperature checks would not have been required for gym customers.
Gym employees would also be required to wear masks unless they’re leading a socially distanced fitness class. Gym members would be “strongly encouraged” to wear masks, but not required, and contact-less check-in procedures would be implemented. Facilities must also implement social distancing, to provide disinfectants throughout the facilities and to limit water fountains for only filling water bottles, according to the bill.
The bill faced little to no support from Democrats in either chamber during floor votes.
The governor’s tentative plans for the second phase of reopening indicated that both bars and gyms would be able to reopen. But the state decided to take a more “modest” approach for Phase Two, which began May 22.
State health officials, in explaining why gyms have remained closed, said COVID-19 is spread through respiratory droplets — and they can be spread more easily when people breathe heavily during exercise.
“These bars and gym owners were stunned and blindsided after being left out with no heads up,” said Rep. Kyle Hall, a Republican from King.
Both gyms and bars have filed lawsuits since.
Ahead of the vote Wednesday, Doug Warf, who is a part of a gym coalition called Fitness Operators for Responsible Reopening, said “Anytime you’re depending on a veto override, you’re somewhat hoping for a Hail Mary.”
Warf, who is the president of the parent company of O2 fitness clubs, said he hopes to talk with Cooper and Dr. Mandy Cohen, Secretary of the Department of Health and Human Services, to better understand why gyms have remained closed.
“I think you’re going to have a lot of gyms after today’s ruling that either go one of two directions,” Warf said. “One they close permanently, or two they open against the governor’s recommendation.”
Council of State concurrence
One provision included in the vetoed HB 594 was also introduced as a separate bill.
Senate Bill 105, which passed the House 63-53, would require the Governor to seek agreement from members of the Council of State to declare an emergency order.
“The coronavirus is a serious problem, no doubt about it, but our state will face other emergencies in the future,” said Rep. Destin Hall, a Republican from Lenoir. “We need to have public trust in an emergency situation, and the way that you get that is in a deliberative process.”
The Council of State has a Republican majority, with six Republicans and four Democrats, including Cooper.
The bill would also call for the Council of State to approve an executive order’s extension beyond 30 days.
In debate on the House floor Wednesday night, most Republicans spoke in favor of the bill, while Democrats objected to it, saying it would take power away from the governor.
“What you’re asking for is to give the Council of State a veto,” said Rep. Darren Jackson, a Democrat from Wake County.
Kidwell and other Republicans disagreed, saying it would give the Council of State “consultive” power.
The bill will need to pass another vote in the House before going to the Senate.
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This story was originally published June 24, 2020 at 5:29 PM.
