JUDGE THOMAS LAMBETH: 'All we're being asked is to stay home, stay safe'

I’m going to make a couple of observations that I think need to be said. Then I’ll share what I believe the correct legal ruling is.

It’s trite to even say it, but we’re in incredibly unusual times. I think our government, federally and locally and state government, has had enormous challenges, and continues to have enormous challenges in trying to deal with something we have never dealt with in any of our lifetimes.

A global pandemic of this nature has never happened in at least 100 years. It is stressing our whole society. That’s just the reality of it. I would imagine that Gov. Cooper and Secretary Dr. Cohen and other state leaders probably are very stressed every day as this thing continued to evolve and move in trying to make that delicate balance between essentially a true public health emergency and the economics of trying to have an open society and people trying to earn a living and support their families.

There’s just an awful lot of stress around all of that.

I’ll just say this. It really makes me sad how sort of contentious some of this stuff has become among people in our society.

We are all Americans. I keep shaking my head sometimes that we’ve just got such an “us-versus-them” mentality in our nation right now that is so regrettable. I am certain that governmental leaders across this country are trying their best, just as our local leaders are, to keep our people healthy but to also let people try to work.

I don’t think anybody takes delight in having a business not being able to have people come to their establishments – Ace Speedway included.

Dr. Cohen’s verified complaint and all the accompanying documents make it very clear that there is an imminent health hazard in our state and in our county. I think the numbers in North Carolina were something like 1,000 cases (deaths) and 23 deaths, that was in Alamance County. I think statewide, I forget the numbers, I read them all. I do know the ones that are just heart breaking. I know that in our nation we’ve got over 2 million cases apparently and more than 112,000 deaths. We’re not at the end.  So, it’s a serious, serious matter.

I was reminded of something I was thinking about the other day that I heard somebody say at the very beginning of this pandemic, maybe the first couple weeks. Somebody made the comment, they said: “You know, our grandparents, our great grandparents they went off to Europe to fight Hitler and they went off to save the world. All we’re being asked to do right now is to try to stay home and stay safe and not spread a disease.”

I think early on people were more conducive to that. I think people are getting quarantine fatigue, as I’ve seen it phrased. I think people want to get back to normal. We’re not there yet.

I think that our leaders should be applauded for trying to do what they can to do that very delicate balancing act between our economy and the public health crisis and hazard to our public health.

I think that really summarizes it. I think that’s where we are. I think based on all of the materials I’ve reviewed and the arguments of counsel the appropriate ruling is that I am going to grant a temporary restraining order. I am going to restrain and enjoin Ace Speedway and any entities associated with it from holding any races until we can have another hearing in this matter.