Bill to Reopen NC Gyms, Bars Sent to Skeptical Governor After Passing House

The North Carolina legislature passed another bill on Wednesday overturning parts of Gov. Roy Cooper’s executive order that keep certain businesses closed to discourage the spread of COVID-19.

As with previous legislation sent to him seeking to reopen bars, Cooper is also likely to veto the latest measure, which also ends the shuttering of gyms and fitness clubs.

The House voted on a largely party-line vote of 69-50 in favor of the measure written by Republicans, many of whom have been critical of the Democratic governor’s slow pace to loosen restrictions on the state economy. It would allow the fitness centers and gyms to reopen indoors at 50% capacity and require they follow social distancing and cleanliness rules.

The bill also contains language from a bill Cooper vetoed last week that would let bars reopen — but only outdoors — and give restaurants already allowed to serve dine-in customers additional outdoor seating options. Cooper’s veto message said that bill would make it difficult for his administration and local governments to re-close these industries should there be a surge in cases possibly later this year.

Cooper’s office didn’t immediately comment Wednesday on the new measure that passed the Senate earlier this week and now heads to his desk. But he expressed skepticism about the changes earlier this week, raising the likelihood of another veto.

He has said the extended closings are based on science — health officials have said sitting for a long time in bars and intense exercise within indoor gyms make patrons more susceptible to virus infections. But operators of bars and gyms closed since March are pleading to reopen to save their businesses and rehire laid-off workers.

The Senate authors of the new bill said Tuesday they addressed Cooper’s concerns by giving the governor authority to shut down the establishments under his emergency powers, but only with the agreement of the Council of State.

“I believe this bill is a common sense [bill] and a good middle ground,” said Rep. Kyle Hall, a Stokes County Republican. “I believe this fully addresses the governor’s concerns.”

Some Senate Democrats complained earlier this week that this condition couldn’t be met during this pandemic because Republicans compose six of the council’s 10 spots, including Lt. Gov. Dan Forest, who is challenging Cooper this fall. House Minority Leader Darren Jackson of Wake County portrayed the measure as a reflection of the beliefs of many Republicans who don’t take the pandemic seriously enough.

The latest efforts come as North Carolina reached another all-time high in virus-related hospitalizations on Wednesday at 780. Several hundred intensive care unit beds still remain available in hospitals, however. More than 1,050 people diagnosed with COVID-19 have died.

“Yet here we are taking away the ability of our scientists and ability of our public health experts to do something about it,” Jackson said while urging his Democratic colleagues to vote no. Four Democrats in the chamber joined all Republicans in voting for the bill, but the final margin signals that bill supporters lack enough votes for an override.

The number of positive cases reported since the pandemic began now exceeds 38,000. State Health and Human Services Secretary Mandy Cohen said Wednesday that her agency was marshaling testing and tracing resources this week to Mecklenburg, Alamance, Wake, Duplin, Johnston, Durham, Forsyth and Lee counties.

The reopen legislation can be viewed as an alternate pathway for bar and gym owners who have sued to attempt to throw out Cooper’s order as unconstitutional. They’ve been unsuccessful in court so far.

Moore had scheduled a veto override vote for Wednesday on the bar and restaurant measure that Cooper blocked last week. But he took the measure off the calendar, saying he was hopeful that the updated bill with gyms could get stronger support.

Photo via the North Carolina Department of Public Safety.

Bill to Reopen NC Gyms, Bars Sent to Skeptical Governor After Passing House

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