Raleigh, NC – Recent rulings by the North Carolina Supreme Court have paved the way for long-standing lawsuits filed by several bars against former Governor Roy Cooper over COVID-19 lockdown orders to proceed to trial. These high-profile cases challenge restrictions imposed during the pandemic that bars argue unfairly limited their ability to operate compared to other alcohol-serving businesses. With Cooper now running for the U.S. Senate in the 2024 election, the lawsuits could inject fresh controversy into the campaign.
The court’s Aug. 22 decisions by its Republican majority have reignited debate on the state’s pandemic response and its economic impact on small businesses, potentially becoming a pivotal issue in upcoming political contests.
Legal Battles Over COVID-19 Restrictions Restart Amid Political Stakes
The two rulings by the N.C. Supreme Court allow separate lawsuits filed almost five years ago by groups of bar owners to proceed to trial courts once again. These bars contend that Cooper’s administration imposed unequal COVID-19 restrictions, closing bars but permitting restaurants, breweries, and hotels to operate with fewer limitations, which they argue breached their rights and caused significant financial harm.
- The bar owners are seeking financial damages for losses incurred during the closures.
- The court decisions keep open the possibility for bars to win favorable rulings challenging the state’s differential treatment.
- The cases have become a focal point of criticism from Cooper’s political opponents.
Michael Whatley, frontrunner for the Republican Senate nomination and endorsed by former President Donald Trump, sharply criticized Cooper’s pandemic policies. His campaign called the governor’s mandates “tyrannical” and said Cooper “shut down small businesses, crushed livelihoods, and ignored North Carolinians.”
“Roy Cooper shut down small businesses, crushed livelihoods, and completely ignored North Carolinians who pleaded for relief from his tyrannical mandates.” – Danielle Alvarez, Senior Advisor to Michael Whatley
In response, Cooper’s campaign highlighted job growth achievements under his leadership and questioned Whatley’s ties to lobbyists, emphasizing Cooper’s commitment to statewide economic recovery.
Defending the Pandemic Response and Its Challenges
While facing lawsuits and political scrutiny, Cooper and his team have defended their pandemic restrictions, citing public health concerns and evolving data during the crisis. The North Carolina Bar and Tavern Association (NCBATA), representing many of the affected bars, applauded the Supreme Court’s rulings as an essential step toward accountability.
- Zack Medford, NCBATA president, stated the ruling affirms the “fundamental” right of small business owners to earn a living.
- Former Governor Pat McCrory remarked that the selective reopening policies damaged bars unfairly and anticipated the issue impacting the 2024 elections.
Cooper’s office previously justified the staggered reopening approach based on health data and the urgent conditions early in the pandemic, noting hospital overcrowding, high mortality, and lack of vaccines.
“The balanced and necessary actions the state took in consultation with health officials early in the pandemic followed the law, saved lives and saved jobs.” – Mary Scott Winstead, Communications Director for Gov. Cooper
Data from the Centers for Disease Control and Prevention show that North Carolina ranked among the states with the lowest COVID-19 death rates in 2020, though rates increased in subsequent years.
Supreme Court’s Perspective on Pandemic Uncertainty and Business Impact
Chief Justice Paul Newby, author of the majority opinion, acknowledged the unprecedented uncertainty endured by both the government and small businesses during the pandemic.
“Small business owners across the state dutifully shuttered their doors and scaled back operations without knowing exactly when they could open or operate fully again… Many were compelled to lay off employees, deplete cash reserves, take out unwanted loans, or close for good.” – Chief Justice Paul Newby
However, the two Democratic justices dissented, emphasizing the importance of judging emergency public health measures within the context of their time rather than with hindsight.
“Reasonableness in a crisis cannot mean perfection proved later—it must reflect the uncertainty, urgency, and limited knowledge that marked the moment.” – Justice Anita Earls
Justice Earls criticized the majority’s rulings as an attempt to second-guess pandemic decisions with the clarity of hindsight.
Looking Ahead: What This Means for the 2024 Senate Race
As these lawsuits advance to trial, they are expected to amplify scrutiny on Cooper’s leadership during the pandemic, fueling debate ahead of the 2024 Senate election. The cases provide political ammunition for Cooper’s Republican opponents who argue his measures disproportionately hurt small businesses and economic recovery efforts.
With Michael Whatley poised to leverage these issues, voters can anticipate a highly charged campaign environment where pandemic policies—and their perceived successes or failures—will play a significant role.