House fails to override veto of bill reopening gyms, bars

The House voted 66-53 in favor of overriding Cooper's veto on a bill that would have allowed bars and gyms to reopen, but that fell short of the three-fifths majority needed for the override to move forward.

Gyms and bars have been closed since late March, when Cooper issued a stay-at-home order to limit the spread of coronavirus. Republican lawmakers have said they should be allowed to resume operation at half capacity as long as they follow social distancing rules, require employees to wear masks and adhere to strict cleaning protocols.

House Bill 594 would have allowed that, with bars serving customers outdoors. It also would have allowed restaurants, which have been open for more than a month, to serve people outdoors to expand beyond the 50 percent capacity limit.

"This is not an extreme step," said Rep. Kyle Hall, R-Stokes, noting that most other states have reopened their gyms and bars during the pandemic. "How is it safe to have a drink inside a restaurant but not outside a bar? ... The governor is picking winners and losers at the expense of people's livelihoods."

Rep. Darren Jackson, D-Wake, responded by noting that lawmakers pick winners and losers every day by granting benefits to some and not others.

Hundreds of gym owners and workers converged on the General Assembly on Wednesday to pressure lawmakers to pass the override. Many said they were struggling to stay afloat financially after going three months without any income.

"I hear a lot about health," said Rep. Jason Saine, R-Lincoln. "We're not ever talking about economic health, and I think we should absolutely be talking about it. ... We can't sustain this. We have to let people get back to work in a safe manner."

"Remember that you are here representing 80,000 people and that they have to live with the consequences of which button you push," said Rep. Michael Speciale, R-Craven. "Everybody needs to press that 'yes' button and let these people get back to work."

"Never before have we seen one elected official have so much assumed power to shut down an entire state's economy without all the debate that's required to do such a strenuous act," said Rep. Dean Arp, R-Union.

The debate went off onto a tangent at one point about Cooper's new statewide mandate that people cover their faces in public.

"I will not wear a mask. I don't care what the governor says," declared Rep. Keith Kidwell, R-Beaufort.

"We are wearing masks for us, not for you," Rep. Marcia Morey, D-Durham, quickly shot back. "It is us together to fight this disease."

A provision of House Bill 594 would have required Cooper to obtain majority approval from the Council of State to close any gym or bar again if, for example, it was linked to a new virus outbreak. Republicans hold a 6-4 majority on the council, a group of elected statewide officials, and several members have openly criticized Cooper's actions during the pandemic response.

Rep. Robert Reives, D-Chatham, said that made the bill too political to enact. Many Democrats would support a simple reopening bill to help their local businesses if Republicans would abandon their efforts to undercut the governor's powers, he said.

"I'd appreciate not being preached to ... that we're not up here representing businesses," Reives said. "I try to figure out every single day how we're going to help these businesses get through this. ... When I hear somebody tell me how I need to represent my 80,000, you know what they want me to do? Keep them alive."