A COVID-19 order just for NC Lt. Gov. Dan Forest: Hush

As North Carolina races to slow the coronavirus outbreak, Lt. Gov. Dan Forest is trying to upend the effort by disputing Gov. Cooper’s authority to order that bars and restaurants shut down.

Here’s a COVID-19 order just for Dan Forest: Hush.

In a news release Tuesday afternoon, Forest said Cooper lacked the authority to order bars to close and restaurants to shut down their dining rooms. Earlier in the day, Cooper had issued the order, which allowed for restaurant takeout and delivery, starting at 5 p.m.

Forest, a Republican, is running to unseat Cooper, a Democrat, in November’s election.

In his statement, Forest said Cooper needed to get the concurrence of the Council of State — the 10 elected officials, including Cooper and Forest, who run the executive branch of state government.

Forest spokesman Andrew Dunn told the Editorial Board that the lieutenant governor specifically was referring to N.C. statute G.S. 166A-19.30(b)(5), which says that during a state of emergency and “with the concurrence of the Council of State,” the Governor has the power “to perform and exercise such other functions, powers, and duties as are necessary to promote and secure the safety and protection of the civilian population.”

Cooper had asked for such concurrence before his announcement yesterday. The Council of State gave it for Cooper’s order to expand unemployment insurance benefits, but not for the restaurant and bar closings.

According to WRAL, Republicans Forest, Insurance Commissioner Mike Causey, Treasurer Dale Folwell, Labor Commissioner Cherie Berry, Agriculture Commissioner Steve Troxler and Superintendent of Public Instruction Mark Johnson all said they were against the restaurant ban. Several said they were given little time to consider it.

The governor says he doesn’t need the approval — and both his order and his office cited several statutes that allow Cooper and Health and Human Services Secretary Dr. Mandy Cohen to mandate quarantines/closures.

Forest, however, took things one step further, saying Cooper’s order was a bad idea. “His mandate will devastate our economy, shutter many small businesses, and leave many people unemployed, especially in the rural areas of our state where food supply is already critical,” he said in a news release.

Forest seems to be one of very few who’s complaining. Restaurant owners aren’t objecting much, at least publicly, and some welcomed the move because they believed Cooper’s order would make it easier to qualify for federal aid. Elizabeth Turnbull, who co-owns the Durham restaurant COPA with her husband, Roberto Matos, told The News & Observer: “We weren’t sure if a voluntary order would be enough (to be eligible for relief). We really feel it’s important it becomes a mandate.”

Mostly, Cooper’s move is the right call for the health and safety of North Carolinians. He and governors across the country are trying to get ahead of a growing crisis by slowing the spread of COVID-19 so that hospitals are not overwhelmed with a surge of infected patients. As the Harvard Medical School posted: “It is critical that everyone begin intensive social distancing immediately. As much as possible, limit contact with people outside your family.”

Yes, we all should be vigilant about public officials overstepping their authority in times of crisis, but as Cooper contends, N.C. statute gives the governor and HHS secretary ample room to make the same closures governors are making across the country. Forest’s complaint sends a dangerous message about the social distancing North Carolinians need to do, and the partisan bickering that followed was unseemly and unfortunate.

At the least, Forest picked an unusual fight at an unfortunate time. He should think harder the next time he has the urge.

This story was originally published March 18, 2020 at 3:21 PM.