ReOpen NC protesters are allowed, but must follow social distancing, Cooper says
Gov. Roy Cooper assured a group that plans to protest his stay-at-home order on Tuesday in downtown Raleigh that its members are allowed to do so as long as they adhere to social distancing guidelines.
In a letter to ReOpen NC’s attorneys on Monday, the governor’s general legal counsel provided the guidance the group sought ahead of its planned Tuesday protest.
“So that there is no confusion regarding this issue,” William McKinney wrote in the letter, “outdoor protests are allowed so long as the protesters maintain the social distancing requirement that individuals stay six feet apart unless they are members of the same household.”
The governor’s office also sent a copy of the letter to The News & Observer.
“The Governor is taking strong steps to slow the spread of COVID-19 with public health and safety as the top priority,” Cooper’s press secretary, Dory MacMillan, said in an emailed statement to the N&O. “The Governor’s order does not interfere with first amendment rights and this letter explains that.”
ReOpen NC is against Cooper’s executive orders that have closed most businesses and brought the state’s economy to a halt during the coronavirus pandemic.
The group protested in downtown Raleigh last Tuesday, and one of the protesters was arrested for violating an executive order. The group retained Anthony Biller, a Raleigh-based attorney with Michael Best & Friedrich, as its lawyer.
Biller sent a letter to Cooper and Wake County Board of Commissioners chairman Greg Ford on Friday seeking guidance that the group could practice its First Amendment right to protest.
“We are very pleased with this outcome,” Biller said in an email to the N&O on Monday after receiving the letter from Cooper and McKinney.
Biller said Scott Warren, Wake County’s attorney, confirmed the same guidance on Monday.
Charges not dropped
Biller had also asked that charges against Monica Faith Ussery, the 51-year-old Holly Springs woman arrested at last Tuesday’s protest, be dismissed. That did not happen on Monday.
McKinney wrote that several protesters violated the order, and were subject to arrest, by not staying six feet apart.
“By doing so, they endangered themselves, their families, their friends and others with whom they came in contact,” McKinney said. “When the six-foot distancing requirement is not followed, law enforcement may intervene to enforce the order and thereby protect both the public and the protesters themselves.”
The State Capitol Police will monitor Tuesday’s rally, working in conjunction with local law enforcement, Department of Public Safety spokesman Clyde Roper said Monday.
“Any actions taken by law enforcement will be in accordance with applicable law,” Roper said in an email to the News & Observer. “While protests can be subject to restrictions on time, place and manner, they are held as a fundamental right under the Constitution. State Capitol Police respects the constitutional right to peaceably assemble.”
ReOpen NC plans to protest near the Capitol each week until Cooper’s executive orders are halted so businesses can reopen. The stay-at-home order is set to expire on April 29. Cooper said he will take into account public health as well as economic factors in deciding whether or not to extend the order into May.
Dr. Mandy Cohen, the state’s Department of Health and Human Services secretary, is adamant that the executive orders have been successful at slowing COVID-19’s spread. She said Monday there’s not enough information gathered to decide when to reopen the state.
“As we look at those trends, that is what is going to guide our decision about reopening,” Cohen said during a news conference. “I think we’ve said many times this virus is here with us until there’s a vaccine. The question is how do we reopen in a smart and safe way to make sure we are protecting folks as we go forward here.”
This story was originally published April 20, 2020 at 3:47 PM with the headline "ReOpen NC protesters are allowed, but must follow social distancing, Cooper says."