Racetrack Allowed to Sue Health Official Over COVID Closure
- North Carolina court rules in favor of a racetrack suing top health official over COVID-19 closure.
- The racetrack was shuttered for defying state gathering limits during the pandemic.
- Legal battle ensues as the racetrack takes action against the state's health regulator.
RALEIGH, N.C. — The North Carolina Supreme Court ruled unanimously on Friday that Ace Speedway, a racetrack in Alamance County, can pursue a lawsuit against the state's top health regulator. The court's decision stems from allegations that the administration of Governor Roy Cooper violated the constitutional rights of the racetrack's operators by targeting them for enforcement of pandemic-related gathering limits. This ruling allows the racetrack's counterclaims for financial damages to proceed, following a similar decision by a Court of Appeals panel in 2022. The legal battle began after a judge enforced an order from then-Health and Human Services Secretary Mandy Cohen, which mandated that Ace Speedway cease operations unless it complied with Cooper's executive order limiting outdoor gatherings to 25 people. The racetrack defied these restrictions, hosting approximately 2,550 spectators for its season opener just days after the order was issued. Operator Robert Turner publicly criticized the restrictions and vowed to keep the venue open. State attorneys argued that allowing the racetrack's counterclaims could hinder the government's ability to manage future public health emergencies. However, the court's ruling indicates that if the allegations against Cooper are proven true, the enforcement actions may not have served a legitimate governmental purpose. The case will now return to trial court for further proceedings, as the legal implications of the pandemic restrictions continue to unfold.