A North Carolina appeals court says portions of litigation filed by bars seeking financial damages for COVID-19 restrictions issued by Gov.
Later in 2020, bars could serve alcoholic drinks in outdoor seating, with time limits later added, which had “the practical effect of making bars unprofitable to operate,” the plaintiffs’ original lawsuit read. All temporary restrictions on bars were lifted in May 2021.
Wood wrote that the validity of state laws being contested or the merits of the bar owners’ arguments weren’t being considered. But it’s clear that the plaintiffs have “a fundamental right” under the state constitution “to earn a living from the operation of their respective bar businesses,” and its potential violation should be considered in court, she added. Court of Appeals Judge Fred Gore joined Wood’s opinion.
“Curtailing the ability of our Governor to issue executive orders during a state of emergency sets a deadly precedent that will prove to have grave consequences in the future,” Arrowood wrote. The split decision raises the likelihood that the state Supreme Court will ultimately rule in the case.
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