RALEIGH, N.C. (AP) — A North Carolina racetrack shuttered briefly for defying state gathering limits during the pandemic can sue the top health regulator
FILE - Hundreds of race fans wait in line to purchase tickets at the Ace Speedway in the rural Alamance County community of Altamahaw near Elon, N.C., on May 23, 2020. RALEIGH, N.C. — A North Carolina racetrack shuttered briefly for defying state gathering limits during the pandemic can sue the top health regulator on allegations that Gov. Roy Cooper’s administration violated the constitutional rights of its operators by trying to make an example out of it, the state Supreme Court ruled Friday.
But the Supreme Court agreed the speedway’s attorney made plausible legal claims that the state infringed on rights for people to enjoy “the fruits of their own labor” and conducted ”unlawful selective enforcement” of its order against the speedway. The substance of those claims have yet to be judged in court.
Three days after Cooper issued a May 2020 executive order placing a 25-person cap on all outdoor gatherings, Ace Speedway hosted approximately 2,550 spectators for its first race of the season. Such restrictions have long expired. State attorneys argued if counterclaims were allowed to continue, they would “hamstring the government’s ability to effectively address future public health crises and other emergencies,” Kinsley’s legal brief read.
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