Cooper’s COVID shutdowns of bars violated NC constitution, Court of Appeals says
The North Carolina Court of Appeals ruled Tuesday that Gov. Roy Cooper’s decision to keep bars shut down during the COVID-19 pandemic violated the state constitution.
A panel of three Republican judges wrote that while Cooper had the authority to shut down some businesses in the interests of public health, his decision to begin reopening restaurants but not bars violated the rights of those business owners.
“The unequal treatment of Plaintiffs had the effect of denying their fundamental right to earn a living by the continued operation of their businesses,” the court wrote.
Cooper’s office defended the lockdowns in a statement following the ruling.
“The balanced and necessary actions the state took in consultation with health officials early in the pandemic followed the law, saved lives and saved jobs,” Mary Scott Winstead, communications director for Cooper, said. “When this action was taken almost four years ago, hospitals were overflowing, thousands of people were dying, protective equipment was in short supply and vaccines and treatments were nonexistent.”
The case began in 2020 after a group of nearly 200 bar owners sued Cooper for leaving them out of part of the state’s reopening plan, arguing that the distinction between bars and restaurants was arbitrary.
The court partially agreed, finding that Cooper’s decision violated the bar owners’ right to equal protection of the laws.
“We never asked for special treatment, only equal treatment,” Zack Medford, who led the group of bar owners, said in a statement. “Unfortunately, these private bars were forced to stay closed for a full year and without relief from the state. The governor’s decision forced many of these bars to eventually close permanently. Today’s ruling makes it clear that the governor was wrong and now the state needs to make it right.”
The judges rejected some of the bar owners’ other claims, such as their argument that Cooper unconstitutionally took their property away from them without proper compensation.
The case now goes back to the trial court, though either side could appeal to the state Supreme Court.
This story was originally published April 16, 2024 at 10:39 AM.
