RALEIGH, N.C. (Legal Newsline) - A newly formed statewide association in North Carolina representing the state’s bar owners has filed a lawsuit in state court arguing that Gov. Roy Cooper, a Democrat, has violated multiple provisions in the state constitution by effectively shutting down the state’s bars since last March, the start of the pandemic.
The lawsuit filed by members of the North Carolina Bar Owners Association in Superior Court charges that the governor with successive executive orders has unfairly singled-out bars while restaurants and other businesses that serve alcohol are permitted to remain open.
“Restaurants, private clubs, breweries, wineries and distilleries have been allowed to open and operate for onsite indoor consumption of alcohol, while bars have been ordered to close or have their businesses severely limited by draconian restrictions which make the operation of bars unprofitable,” the lawsuit says.
“There is no rational basis for distinguishing between plaintiffs’ businesses and restaurants. private clubs, breweries, wineries and distilleries which also sell acholic beverages.”
One cause of action in the lawsuits says that the governor executive orders deprive the owners of the right to earn a living, a right protected by the constitution.
Another claim is the governor exceeded his constitutional authority in ordering the closures.
“Defendant Cooper in his Executive Order 181, an in prior executive orders listed above has determined that municipalities and counties are unable to handle control of the COVID-19 emergency. …Defendant Cooper has therefore availed himself o the power given to municipalities and counties…”
The lawsuit includes an injunctive relief request for a permanent injunction which would bar the governor or the state from enforcing executive orders.
The group is being represented by the law firm of Kitchen & Turrentine, PLLC of Raleigh.
The North State Journal reported that “unlike other suits regarding Cooper’s COVID-19 related orders, this lawsuit is asking for damages in excess of $25,000. Chuck Kitchen told the paper that the $25,000 is “a term of art to indicated that the damages requested will be in a range to be in superior court” and the final amount will be “far in excess of $25,000 per plaintiff.”
The Pacific Legal Foundation, representing a Greenville bar, has also filed suit against the governor.