The North Carolina Supreme Court ruled that a racetrack, which was briefly closed for violating pandemic gathering limits, can sue the state’s top health official. The racetrack owners allege that Governor Roy Cooper’s administration violated their constitutional rights by unfairly targeting their business.
The lawsuit stems from 2020 when Ace Speedway held races with large crowds despite Governor Cooper’s executive order limiting outdoor gatherings to 25 people. The state eventually shut down the racetrack, citing it as an “imminent hazard” for the spread of COVID-19.
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The racetrack owners argue that they were unfairly targeted because of their vocal opposition to the restrictions. They claim the state infringed on their right to earn a living and selectively enforced the order against them. The state argued that the restrictions were necessary to protect public health and that sovereign immunity should prevent such lawsuits against state officials.
The Supreme Court, however, ruled that the racetrack’s claims are plausible and allowed the lawsuit to proceed. The court emphasized that the allegations remain unproven but stated that if the governor did single out the racetrack, the order might not have served a legitimate governmental purpose.
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This ruling marks a legal setback for Governor Cooper and could have implications for other cases challenging the governor’s emergency powers during the pandemic. The case will now return to the trial court, and the state’s Department of Health and Human Services is reviewing the decision.
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