Bar owners in North Carolina can proceed with two lawsuits against former Governor Roy Cooper and his executive order that forced them to remain shut down after other businesses were allowed to reopen during the COVID-19 pandemic.
The plaintiffs claim that the shutdown violated the state constitution’s ‘fruits of their own labor’ clause by keeping bars shuttered or severely restricted after other businesses were allowed to reopen – while the defendants insist that those claims are barred under sovereign immunity and must be dismissed.
North Carolina State Supreme Court Chief Justice Paul Newby wrote for the majority in Howell v. Cooper, saying plaintiffs may bring a direct claim against the state if they allege state constitutional rights were violated and there is no other adequate, alternative state remedy, and sovereign immunity does not bar these claims.
Justice Anita Earls wrote in dissent that the decision opens the door for meritless litigation and Fruits of Their Own Labor Clause “drifts ever closer” to becoming a judicial weapon.
The court ruled similarly in a suit pitting the North Carolina Bar and Tavern Association against the governor.
The Supreme Court ordered both cases sent back to a trial judge.
Meanwhile, Ace Speedway in Alamance County is ending its legal battle against the North Carolina Department of Health and Human Services connected to COVID-19 restrictions in 2020.
The race track in Elon got national news attention after Governor Roy Cooper ordered is shut down because they didn’t comply with restrictions during the early days of the pandemic.
Ace Speedway owners Jason and Robert Turner, accused the state of violating the Constitution and pressed for the court to rule against the NCDHHS, even after restrictions were relaxed.
Court documents show the speedway filed last month to voluntarily dismiss the suit, and the NCDHHS came to a mediated agreement and settled the case.
