Bill to reopen North Carolina gyms adds bars, outdoor dining

On Monday, Senate leaders announced they'll try to reopen bars again despite the governor's veto, adding temporary outdoor service for bars and restaurants to a bill that would allow indoor gyms to reopen.

The bill was scheduled for a vote Monday night, but was delayed till Tuesday so Senate leaders could add language to allow bars to reopen in outdoor spaces and to allow restaurants to set up temporary outdoor dining areas to increase the number of people they can serve.

Those provisions were in a measure that Cooper vetoed Friday, saying it would limit officials’ ability to respond quickly in case of a surge in coronavirus cases.

Sen. Rick Gunn, R-Alamance, said he's made changes to the new version to allow the governor to re-close gyms and bars, if needed, only with the approval of the Council of State. Given Cooper’s friction with the council's Republican majority, that would be likely be a partisan battle.

"Council of State concurrence has been in emergency authority statute for decades. It is nothing new and should not be controversial at all. It’s a standard operating procedure," Gunn said Monday. "I think this gives him the safety net he’s been looking for, and I would encourage him to sign it."

Cooper has said he’s using health data to make decisions about reopening bars and gyms. But Gunn says all the states that border North Carolina have reopened their bars and gyms in some capacity.

"I assume they have the same science and data that we do. I haven’t seen anything that indicates that north Carolina is out of sync," Gunn said. "They have found a way to responsibly open, and I would like our state do the same."

However, data from Johns Hopkins shows North Carolina has one of the highest percentage of positive tests in the country – higher than all our neighboring states but Virginia. State DHHS Secretary Mandy Cohen said Monday the state's metrics are trending in the wrong direction, and Dr. Deborah Birx even called her from the White House Friday to express her concerns.

Just before Gunn held his news conference Monday, state health officials reported the highest numbers of cases and hospitalizations ever.

Asked whether that gives him pause, Gunn said it does not.

"There is no pause. This is about being equal to businesses. This is about a level playing field," Gunn told reporters. "We have any number of businesses, as you know, that are operating at some capacity now. I do not see any reason we can’t let our bars and restaurants and gyms, under good social distancing guidelines, do the same."

Cooper reiterated that Monday, saying the concerning trends in the latest data show the state's outbreak is far from under control. He said that's additional evidence that the state should move carefully in deciding what higher-risk reopenings to allow.

"I'd rather open schools than bars," he said.

At a committee meeting last week, Matt Gross with the state N.C. Department of Health and Human Services cautioned lawmakers that even with social distancing, indoor exercise carries a higher risk of spreading the coronavirus.

When people exercise, Gross explained, they breathe harder, so if they're infected, they expel more virus that can linger in the air for longer periods of time.

Some NC gym owners defying pandemic restrictions, while others prepare lawsuit over delayed reopening

"Studies have shown the odds for disease transmission indoors are approximately 18.7 times higher than open air environments," Gross told lawmakers.

While restaurants, retail stores and spas have reopened, people have not been able to go to the gym for months.

If gyms reopened, they would have to operate at 50% capacity, and temperature checks and masks would be required for staff but not for customers.

Social distancing would be practiced in group classes, and doors to the rooms would stay open to help with air flow.

Some gyms, like the YMCA, have been holding outdoor fitness classes, but those are capped at 25 people. Many gym owners said they believe they could create a safe environment for their customers despite the state's concern.