North Carolina Supreme Court Upholds Bar Owners' Constitutional Rights in COVID Shutdown Legal Battles
The North Carolina Supreme Court recently issued two decisions allowing bar owners in the state to pursue legal action against the governor regarding COVID-related shutdowns in 2020. The court emphasized the bar owners' state constitutional rights to the "fruits of their own labor." The decisions were split 5-2, with the Republican majority differing from the Democratic dissenters.
In the Howell v. Cooper case, Chief Justice Paul Newby wrote for the majority, stating that the plaintiffs' claims were colorable and could entitle them to relief under the Fruits of Their Own Labor Clause and Law of the Land Clause. The court ordered the case to be sent back to a trial judge for further evaluation.
Justice Anita Earls wrote for the dissenting Democrats, expressing concerns about the majority's interpretation of the Fruits of Their Own Labor Clause and its potential impact on the constitutional balance of power.
In a separate suit involving the North Carolina Bar and Tavern Association, the court ruled in favor of the bar owners, stating that even in a declared emergency, government powers have limits and constitutional guarantees cannot be suspended by executive fiat. The case will also be sent back to a trial judge to address the "fruits of labor" claims.
Overall, the court's decisions highlight the importance of upholding constitutional rights and ensuring that government actions are within constitutional guardrails while allowing individuals to seek relief through the legal system.