Gov. Cooper vetoes bill that would’ve allowed NC bars to reopen
North Carolina Gov. Roy Cooper vetoed a bill Friday that would have allowed bars to reopen and restaurants to double capacity.
The legislation would have eased economic restrictions that Cooper put in place as part of his response to the coronavirus pandemic.
The Republican-controlled legislature will now decide whether to override the Democratic governor’s veto, which would take three-fifths of the House and Senate and would require some support from Democrats.
“State and local government leaders must be able to act quickly during the COVID-19 emergency to prevent a surge in cases that could overwhelm hospitals and harm the public,” Cooper said in a statement. “House Bill 536 would limit the ability of leaders to respond quickly to COVID-19 and hamper the health and safety of every North Carolinian.”
House Bill 536 would have allowed bars to reopen, as restaurants, breweries, wineries and distilleries were allowed to do under Cooper’s Phase Two plan.
That’s what Senate leader Phil Berger hoped would be allowed. “I think the executive orders that are in place at the present time are rife with inconsistencies,” Berger told The News & Observer on Thursday.
“I don’t know how you say that those are backed by science ... where science says you can have someone go into a restaurant and order a drink but you can’t have someone go into a bar and order a drink,” Berger said. “I don’t know what that is, but that’s not science.”
A group of almost 200 bar owners have filed a lawsuit against the governor to reopen bars, The News & Observer previously reported.
Outdoor seating
The vetoed bill would have allowed increased seating at restaurants as well as the reopened bars. It would have allowed 50% capacity inside businesses that sell food and drinks, and 50% capacity outside, also. That would mean they could be at 100% capacity of customers as long as half were inside and half outside. Social distancing requirements would be in place.
Private clubs and bars would have been limited to outdoor seating only, The News & Observer previously reported.
“The Governor’s veto of a commonsense and safe outdoor seating policy shows his unwillingness to respond to cries for help by family-owned businesses across North Carolina,” House Speaker Tim Moore said in a statement.
This week the legislature also considered another bill that would overturn Cooper’s order relating to the reopening of gyms, which are also still closed in Phase Two of easing restrictions.
Phase Two is scheduled to last until at least June 26. The governor and Department of Health and Human Services Secretary Dr. Mandy Cohen called Phase Two’s reopening that held back bars and gyms “modest.”
New phase?
Cooper said this week that officials look at data daily and want to look at trends over a period of time before they are “comfortable to turn that dimmer switch up just a little.” He said the legislation prevents being able to turn the switch back down.
Still, on Thursday he called what’s in the bar and seating bill “laudable goals and might be put into an executive orders if the numbers are right.”
The governor also said Thursday that there is “a possibility even before we get to Phase Three that we may want to get to a Phase 2.5.”
Donald Bryson, president and CEO of Civitas Institute, a conservative policy organization, said there’s no reason why sitting at a restaurant would be different than sitting at a bar.
“I think that the governor has been wildly inconsistent on reopening, all under the guise of science,” Bryson said Friday in a phone interview.
“What’s the difference between sitting outside to eat versus sitting outside to exercise?” he said. “I just think it’s wildly inconsistent and turned into a partisan battle. Hopefully the General Assembly will turn this around and override it,” Bryson said.
Seating capacity at restaurants
Scott Maitland, who owns Top of the Hill restaurant, brewery and distillery, supported the seating capacity increase when the bill was being discussed in a legislative committee in May.
Maitland said that limiting a restaurant to only 50% capacity, “is a prescription for flat out losing money.”
The bill would have allowed restaurants and bars to use sidewalks and other outside areas including streets — if permitted by local governments — to increase seating options.
The bill passed 42-5 in the Senate and 65-53 in the House, the N&O previously reported.
“Nobody has been more decimated by the (coronavirus) than our restaurants, our private bars and clubs, our breweries, our distilleries and our wineries,” Sen. Rick Gunn, a Burlington Republican, said as he was leading the push for the legislation in the Senate in late May. He said then that it would send a message “that we’re going to do all we can to help you be successful.”
On Friday, Gunn said in a statement that the bill was intended to be a “safe, economic lifeline” for those who have lost their jobs.
“At a time when the state is facing one of its worst economic crises, Gov. Cooper should be looking for ways to get our citizens back to work. Now citizens that were counting on coming back to work will have to get back on the phone and hope his administration finally pays their claims,” Gunn said, referring to delayed unemployment claims.
Sen. Natasha Marcus, a Davidson Democrat who voted for the bill, said at the time she was concerned that the bill did not include a “safety switch,” which would account for a second wave of COVID-19 cases in the state.
“If it’s the only way we can help our restaurants and bars, then I’m going to do it,” Marcus said ahead of voting for it. “But I want to be on record to say I think we’re getting into some very dangerous territory, and I don’t think prayers or optimism are going to be sufficient.”
Sen. Wiley Nickel, a Democrat from Cary, was among five Senate Democrats who voted against the bill.
“For me it comes down to one central issue,” Nickel said at the time. “We’re taking power away from the governor, and I don’t trust this body to give it back.”
Cooper faced criticism when he announced Phase Two would allow restaurants to reopen their dine-in services but not bars. The same week, he clarified the order to also allow wineries, distilleries and breweries to reopen. He also drew criticism by not allowing gyms to reopen under Phase Two. A group of gym owners filed a lawsuit against Cooper last week.
This story was originally published June 5, 2020 at 4:41 PM with the headline "Gov. Cooper vetoes bill that would’ve allowed NC bars to reopen."
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