Patios stayed open at NC restaurants this week. But now there’s community spread.

There was a slight loophole in Gov. Roy Cooper’s executive order Tuesday that closed restaurants and bars, with the exception of takeout, drive-through and delivery.

People could still technically eat their takeout on outdoor patios — so long as restaurant staff didn’t serve patrons and social distancing guidelines were followed, according to the order.

But by Thursday night, the state Department of Health and Human Services clarified that the outside seating arrangement also posed “an imminent hazard for the spread of COVID-19” and is no longer allowed, according to Cooper’s office.

“We wish we weren’t dealing with this situation, but we are,” said Lynn Minges, president and CEO of the North Carolina Restaurant and Lodging Association. “We want to do whatever we can to make sure people remain safe and healthy — and get through this epidemic as quickly and painlessly as possible.”

If restaurants keep their patios open, they may face a misdemeanor charge, according to a frequently-asked-questions document from Cooper’s office.

“All areas of North Carolina are subject to mass gathering restrictions and social distancing guidelines,” the document reads.

The stricter regulation from the Department of Health and Human Services, known as an “order of abatement,” intensifies limits on mass gatherings, which the Centers for Disease Control and Prevention recommends capping at 50 people.

“This is a virus that affects everybody, in every place,” Braxton Winston, a Charlotte City Council member, said in an interview Friday. “Everybody just needs to reckon with the fact that our way of life as we’re used to is going to be severely interrupted for a long time.”

There are at least 167 cases of the coronavirus throughout the state, including 43 in Mecklenburg County, 35 in Durham County and 25 in Wake County.

Minges emphasized that food-service establishments continue to be highly regulated and inspected during the coronavirus outbreak.

“The food supply chain is safe and secure,” Minges said. “We hope folks will continue to take advantage of good food prepared out of home...and consider supporting restaurant workers who might be displaced.”

Community spread

The latest blow to the state’s hospitality sector comes as North Carolina grapples with community spread of the coronavirus, following a confirmed case in Wilson County on Thursday. Previously, health officials had been able to pinpoint the direct source of the virus, such as travel or exposure to an individual diagnosed with COVID-19.

Still, Mecklenburg County Public Health Director Gibbie Harris had told commissioners on Tuesday the region was already experiencing community spread.

“Community spread is when we start having individuals where we have no reason or information to understand where cases came from,” Harris said in a press conference Thursday. “You can’t assume a person sitting next to you is negative.”

Charlotte City Council member Malcolm Graham urged people to take common-sense approaches — and follow guidelines from public health authorities — as the coronavirus pandemic escalates.

“Public gatherings at this point are not in the best interest of the community,” Graham said. “It’s not in the best interest of the individual — it’s not in the best interest of the individual’s friends and families.”

To support the NC Hospitality Workers Relief Fund, go to www.ncrla.org.

This story was originally published March 20, 2020 at 3:34 PM.