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NC Supreme Court Allows Lawsuit Against Health Regulator

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. (Robert Willett/The News & Obser

In a recent ruling, the North Carolina Supreme Court has allowed a racetrack in Alamance County to proceed with its lawsuit against the state's top health regulator. The lawsuit alleges that Governor Roy Cooper's administration violated the constitutional rights of the racetrack's operators by targeting them for enforcement actions during the pandemic.

The legal battle stems from an incident in 2020 when Ace Speedway defied state gathering limits by hosting events with large crowds. The track was ordered to cease operations by then-Health and Human Services Secretary Mandy Cohen, citing violations of the statewide executive order issued by Governor Cooper.

The racetrack and its owners filed counterclaims seeking financial damages, arguing that the state engaged in selective enforcement and infringed on their rights to operate their business. The Supreme Court unanimously agreed that these claims have merit and can proceed in court.

State lawyers representing the current Health and Human Services Secretary argued that the gathering limits were necessary to protect public health during the early stages of the pandemic. However, the court found that the racetrack's allegations of unlawful selective enforcement raise valid concerns that warrant further legal examination.

The ruling represents a legal setback for Governor Cooper, with the court composed of a majority of Republican justices. The case will now return to trial court for further proceedings.

The decision highlights the ongoing debate over the extent of government powers during public health emergencies. Similar legal challenges are pending in other cases, including disputes over executive orders affecting standalone bars in the state.

Overall, the Supreme Court's ruling underscores the importance of balancing public health concerns with individual rights, setting the stage for continued legal battles over pandemic-related restrictions in North Carolina.

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