Ace Speedway defies NC governor’s closure order. State says it’s now taking legal action.
The owners of Ace Speedway are out of compliance with the state’s order for it to close, spawning new legal action on Wednesday. The raceway has repeatedly violated an executive order banning mass gatherings.
The NC Department of Health and Human Services filed a temporary restraining order in Alamance County Court to force Ace Speedway to comply, according to court documents obtained by The News & Observer Wednesday.
A hearing is scheduled for 9:30 a.m. Thursday.
Dr. Mandy Cohen, the DHHS secretary, said during a news conference that the Alamance County raceway has not responded to an order that declared it an “imminent hazard’ because it has held three recent racing events with thousands of spectators in attendance.
Gov. Roy Cooper’s latest executive order prohibits gatherings in excess of 25 in outdoor settings as the state works to slow the spread of the coronavirus.
According to the order Cooper and Cohen issued on Tuesday, Ace Speedway was to close immediately and was to publicly announce that fact by 5 p.m Tuesday. Neither the speedway’s website nor its Facebook page included any such announcement as of Wednesday afternoon. The speedway owners were also supposed to respond to DHHS officials to say they closed or to say they were developing a plan to adhere to the mass gathering guidelines.
“We haven’t been notified that they’ve been closing so that will escalate to some additional legal steps we take in court,” Cohen told the media Wednesday. “And I believe there will be a hearing on that tomorrow. So we will let the lawyers take that from there.”
Ace posted on its Facebook page Wednesday that its situation was in flux.
“To all fans and competitors..,” the post said, “Please stay tuned to our page for more updates as they become available. We are working diligently to prepare a statement. We will check back in with you all tomorrow as the situation continues to change. We can’t wait to see you all again here at The Famous 4/10s Mile.”
Order says speedway must close until June 26
Cohen said the state is moving forward to keep the speedway from operating. Its website schedule lists racing events for this Saturday night and June 19.
The order declaring the racetrack an imminent hazard states it must stay closed until June 26, when Cooper’s executive order that includes the mass gathering restrictions is scheduled to expire.
“What we are seeing with Ace Speedway, we have tried to work with the speedway to say hey, there are ways you can run this race,” Cohen said. “We worked with NASCAR to do that successfully. They ran the Coca-Cola 600. They did it without spectators. They used tons of face coverings, social distancing, signage. I think they did a terrific job. And what we want to do is work with these organizations. How can we help you still manage to have those races, but do it in a way that doesn’t threaten public health and despite that, despite the local health department working with them, despite us sending letters of concern, they continue to run the race. “
Ace Speedway’s owners, Robert and Jason Turner, have not replied to requests for comment from The News & Observer.
A gofundme page was set up Tuesday to raise money for the track’s legal expenses in fighting the order. As of Wednesday afternoon, $2,590 have been raised. The goal is $50,000.
This is a developing story. Check back for updates.
This story was originally published June 10, 2020 at 3:41 PM with the headline "Ace Speedway defies NC governor’s closure order. State says it’s now taking legal action.."