Bar owners file lawsuit against governor's office

A group of private bar owners is seeking legal action against the governor's office in an effort to reopen their doors.

The North Carolina Bar and Tavern Association filed a lawsuit on Thursday on behalf of 185 businesses. It seeks a temporary restraining order and preliminary and permanent injunctions against Gov. Roy Cooper's executive order 141, which has prevented bars from reopening due to the coronavirus. The order went into effect in March.

On May 22, the state moved into the second phase of resuming business and social activities during the pandemic. The phase allowed restaurants, breweries and wineries to begin operating at half capacity. Bars, however, were ordered to remain closed until late June. Bars originally had been part of Phase 2 when Cooper first laid out his three-part plan in April.

“Despite our numerous requests, the governor’s office has offered no science or data showing that having a drink in a private bar is more dangerous than having a drink in a brewery bar, distillery bar, or even a restaurant bar,” association president and local bar owner Zack Medford said via press release.

Lawmakers last week passed legislation that would allow bars to reopen by using outdoor seating for up to 100 people or 50 percent of their indoor capacity, whichever is less. Cooper has criticized the measure, which also would prevent him or local health authorities from shutting bars down again if there's a spike in new virus infections.

The association says it decided to file a lawsuit after an unsuccessful meeting Wednesday with Cooper's office to request a reopening date for private bars.

“While there was an encouraging exchange of facts and ideas, we do not believe the governor is willing to consent to our request to reopen by June 12,” the association’s government relations consultant Jack Cozort said. “We have agreed to keep the lines of communication open.”

The legal complaint says that private bars are capable of following the same safety protocols, including reduced capacity, increased distancing and increased sanitation, as other businesses including restaurant bars, winery bars and brewpub bars.

To fund the lawsuit, which the association estimates could cost up to $50,000, the NCBATA is seeking donations for its legal fund.

Some North Carolina gym owners have already filed suit over Cooper's restrictions, and a federal judge denied a restraining order sought by strip clubs across the state seeking to reopen. A group of bowling alleys also have threatened to sue.