North Carolina racetrack wins right to sue over COVID closure, claims unfair targeting

The North Carolina Supreme Court has ruled that a racetrack that was briefly shut down for violating pandemic-related gathering limits can sue the state’s top health official. The racetrack owners say Gov. Roy Cooper’s administration violated their constitutional rights by unfairly targeting their business.

The lawsuit dates back to 2020, when Ace Speedway held races with large crowds despite Gov. Cooper’s executive order limiting outdoor gatherings to 25 people. The state eventually shut down the racetrack, citing it as an “imminent danger” of spreading COVID-19.

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The racetrack owners claim they were unfairly targeted because of their vocal opposition to the restrictions. They say the state infringed on their right to earn a living and selectively enforced the order against them. The state argued that the restrictions were necessary to protect public health and that sovereign immunity should prevent such lawsuits against state officials.

The Supreme Court, however, found the racetrack’s allegations plausible and allowed the trial to proceed. The court noted that the allegations were still unproven but said that if the governor had targeted the racetrack, the order might not have served a legitimate government purpose.

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The decision is a legal setback for Gov. Cooper and could impact other cases challenging the governor’s emergency powers during the pandemic. The case will now return to the lower court, and the state Department of Health and Human Services is reviewing the decision.

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