Gov. Roy Cooper’s lawyers have filed a brief defending his decision to keep bars closed during the COVID-19 pandemic in North Carolina. The brief argues that the bar owners seeking money damages from the state over the temporary closure during the pandemic are not entitled to such relief and should have sought an injunction instead. Cooper’s legal team also urged the state Supreme Court to defer his decision to close bars, emphasizing that the restrictions were necessary to protect public health.
The case, Howell v. Cooper, involves a challenge to the closure of bars in 2020 during the pandemic. The Supreme Court recently granted Cooper’s request to consider the Appeals Court’s decision allowing bar owners to proceed with their claims for monetary damages related to the closures. Judge April Wood wrote the majority decision in the case, arguing that the bar owners had a constitutional right to earn a living and that their claims were strong enough to move forward in court.
The dissent in the case, written by Judge John Arrowood, emphasized the importance of the governor’s ability to make decisions during emergencies without the threat of litigation. Arrowood argued that Cooper’s actions during the pandemic were rationally related to protecting public health and safety and warned that limiting the governor’s powers in such situations could have grave consequences in the future.
Overall, the case raises important questions about the balance between individual rights and public health in times of crisis, and the outcome could have significant implications for future emergency response efforts.
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