North Carolina Gov. Roy Cooper's orders during the COVID-19 pandemic that directed standalone bars to remain shuttered for safety while restaurants that serve alcohol got to reopen were 'illogical' and violated the state constitution, an appeals court ruled on Tuesday.
New today: Origins of the border crisisGovernor’s ‘illogical’ pandemic rules for bars violated N.C. Constitution, appeals court rules
It was “arbitrary and capricious” to allow some restuarants with bars to reopen with limited capacity while the plaintiffs’ bars weren’t allowed to reopen in the same way, Court of Appeals Judge April Wood wrote in the panel’s opinion vacating parts of Superior Court Judge James Gale’s decision. The association and bars in the lawsuit were subjected to unequal treatment that was “illogical and not rationally related” to the governor’s stated goal of slowing the virus’ spread, Wood said.
At the time of the orders, Cooper said the decision to keep bars closed was based on “data and science” and “daily briefings from doctors and healthcare experts,” according to the opinion. Cooper spokesperson Mary Scott Winstead defended the state’s response to COVID-19 early in the pandemic, saying it consulted with health officials, complied with the law and saved lives and jobs.
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