Racetrack’s lawsuit against NC health secretary over COVID closures can proceed
A lawsuit by a racetrack over North Carolina’s COVID-19 restrictions on large outdoor gatherings can continue, the state’s Supreme Court ruled on Friday.
Ace Speedway, a large outdoor racetrack in Alamance County, said that it was singled out for enforcement of pandemic restrictions.
This included the speedway’s contention that the state’s governor, Roy Cooper, pressured the local sheriff to arrest Robert Turner, one of the racetrack operators, and, “when the sheriff refused, ordering public health officials to shut down Ace Speedway as a health hazard,” says the Supreme Court ruling handed down Friday.
The Supreme Court ruling also says that Ace argued that Cooper “took these actions not because there was an actual health hazard at the racetrack, but to punish Turner for speaking out,” and that health officials did not take similar actions against other non-complying venues.
“These allegations remain unproven. After all, the case has barely begun,” wrote Associate Justice Richard Dietz in the court’s opinion.
But, “these allegations assert colorable claims under the North Carolina Constitution for which there is no alternative remedy. As a result, at this stage of the case, the trial court properly denied the State’s motion to dismiss. We affirm the decision of the Court of Appeals” wrote Dietz.
A colorable claim is a legal claim that has a reasonable chance of being valid.
Despite state rules limiting outdoor gatherings to 25 people, in mid-2020, at the height of the COVID-19 pandemic, thousands of race fans gathered at Ace Speedway. After being asked to comply, the speedway held further gatherings and posted a sign saying during a race stating that the event was being “held in Peaceful Protest of Injustice and Inequality Everywhere,” The News & Observer previously reported.
After these events, Dr. Mandy Cohen, former secretary of the state’s Department of Health and Human Services, sued Ace Speedway and its owner-operators Robert and Jason Turner. Ace Speedway was forced to temporarily close in June 2020 following a ruling from an Alamance County Superior Court judge.
Ace filed a counter-claim in August 2020, and the state dropped its suit and filed a motion to dismiss Ace’s claim. Ultimately, the trial court rejected the state’s motion.
A state Court of Appeals upheld the trial court ruling in January 2021. Now the Supreme Court has followed suit. DHHS Secretary Kody Kinsley, Cohen’s predecessor, is now named in her place in the suit.
Asked for comment from Kinsley, a spokesperson for DHHS said the department had “received the NC Supreme Court decision today and staff will be reviewing it.”
“We’ve alleged these things, and now we are put to our proof and we need to prove them,” said Chuck Kitchen, an attorney representing the speedway, told The News & Observer in a call.
He said the case would go back down to trial court where mediation would occur. If the case is not settled, it could go to trial before a jury in Alamance County.
Kitchen said: “We’re very welcome to settle it if we can (for) something reasonable. Nobody wants to litigate to the end because of the cost involved, but we’re very willing to do that.”
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