A speedway defied NC’s COVID-19 order. The governor needs to respond firmly
Gov. Roy Cooper says he’s “examining options” on how to respond after an Alamance County speedway opened on Saturday, drawing a crowd of more than 2,500 spectators in violation of his order limiting outdoor gatherings to no more than 25 people.
Cooper’s first response was to blast all involved with defying his pandemic social distancing order. He called the Ace Speedway event what it was: “dangerous and reckless.”
Next the governor should seek a court order barring further races at Ace Speedway. He should also explore what action he might take against the county attorney who approved the event and the sheriff who refused to enforce the prohibition. Alamance officials now are claiming the speedway had the state’s sanction to open if it followed social distancing guidelines, which weren’t followed, but the county attorney and the sheriff made it clear before the event that they felt the governor’s restriction was illegal.
Taking no action in response should not be an option. The governor must govern and his executive orders must stand. Otherwise, his directives are no more than suggestions, and the public has no real protection from those who put their own interests ahead of the community’s welfare.
Officials in Alamance appeared to be emboldened by Judge James C. Dever III’s temporary ruling that suspended the governor’s order barring indoor church services involving more than 10 people. While the plaintiffs cited their First Amendment right to practice their religion, the judge ruled on narrower grounds. He said the governor’s order appears to unfairly impose a tighter limit on churches than it does on businesses, which are limited to 50% capacity. Cooper choose not to appeal the ruling, but, much to their credit, almost all religious leaders did not take it as an invitation to immediately fill their places of worship.
The Alamance county attorney and sheriff are also citing the First Amendment – in this case the right to peacefully assemble – as their grounds for allowing the speedway event. But constitutional freedoms are not absolute. Their exercise must be balanced against public safety. Courts have long held that restrictions on rights intended to protect public safety are legal so long as they are applied and enforced evenly.
In addition to the powers of his office, Cooper also has the power of common concern. The majority of North Carolinians supported his original stay-at-home order. They continue to understand and abide by the terms he outlined when he eased restrictions for Phase 2 of the state’s reopening.
Of course, beyond the governor’s response, there may be a harsher consequence for defying his order. People who crowded into the stands at Ace Speedway could become infected with the coronavirus and suffer from the disease it causes, COVID-19.
“I hope and pray that no one gets sick or even dies from that gathering that occurred this weekend,” Cooper said.
That’s the proper sentiment, but hope and prayers have so far not stopped the spread of the coronavirus. Social distancing requirements imposed and enforced by governors have slowed it and saved lives.
On Wednesday, North Carolina recorded its highest one-day total of hospitalizations – 702 – since the pandemic hit the state in March. That grim total may get another boost from the scene at Ace Speedway.
Cooper should continue to set limits based on the advice of scientists and doctors and punish the actions of those who think freedom is about exposing your fellow citizens to a highly contagious and dangerous disease.
This story was originally published May 27, 2020 at 3:35 PM.