Governor’s pandemic rules for bars violated North Carolina Constitution, appeals court says

RALEIGH, N.C. (AP) — 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.

A state Court of Appeals panel declared unanimously that a trial judge erred when he rejected claims by the North Carolina Bar and Tavern Association and private bars that their constitutional rights to earn a living and for equal treatment were violated with the Democratic governor’s executive orders.

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.

A series of orders issued by Cooper starting in March 2020 closed all bars, including those in restaurants. Within a few months, bars had to remain closed, but restaurants and breweries could serve alcohol during certain hours. That’s when the association and 185 businesses sued.

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