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Tipsheet

Here's the Bar Owners’ Lawsuit Against Roy Cooper That Could Play a Role in NC's Senate Race

Here's the Bar Owners’ Lawsuit Against Roy Cooper That Could Play a Role in NC's Senate Race
AP Photo/J. Scott Applewhite

Amy wrote about Roy Cooper’s healthcare hypocrisy today, but let’s focus on another area where the former North Carolina Democratic governor and U.S. Senate candidate is somewhat shaky—his COVID containment efforts. There is a pending lawsuit that hasn’t been dismissed yet, and if it moves forward, it will allow Mr. Cooper to be deposed. 

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The legal case involves two bar owners who sued the governor over his pandemic-related executive orders. At that time, Cooper stated that his orders were based on data and science, and these establishments were shut down. You all know this story. The owners of these bars wanted the documents supporting the shutdown orders. They were denied, and their bars stayed closed, even after several other types of bars were allowed to reopen. This legal fight has already spanned six years, and the hearing on August 18 could determine if Cooper will have to answer questions about his orders that destroyed these owners’ livelihoods (via The Carolina Journal):

Roy Cooper relies on his record as North Carolina’s governor to support his campaign for US Senate.

But an ongoing lawsuit raises questions about Cooper’s resume. A judge could decide next month whether the former governor must answer questions under oath responding to complaints from dozens of bar owners.

The North Carolina Supreme Court ruled last summer that two groups of bar owners could pursue complaints related to Cooper’s COVID executive orders. Private bars remained shuttered in 2020 as other businesses reopened, including restaurants, country clubs, wineries, and other establishments serving alcohol.

The state’s highest court allowed claims that Cooper’s shutdowns potentially violated bar owners’ state constitutional rights to enjoy the “fruits of their own labor.”

One case ended through mediation earlier this year. The other, initiated by the North Carolina Bar and Tavern Association, is back before a trial judge.

Lawyers representing up to 52 bar owners want Superior Court Judge Edwin Wilson to compel deposition testimony from Cooper and his top health official.

[…]

Wilson scheduled an Aug. 18 hearing to address the motion. It’s not clear whether bar owners can convince the judge that their case depends on hearing directly from the former governor. Wilson could decide that the case does not require Cooper’s testimony about factors that prompted him to keep private bars closed as other businesses reopened.

But as long as the case remains active, bar owners are reminding North Carolina voters about Cooper’s role in government-mandated COVID shutdowns. It’s an aspect of his record that’s unlikely to help him as he seeks a new job in the nation’s capital.

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Make no mistake, Cooper is the Democrats' leading candidate. He easily won his elections and seemed unstoppable for a few months. But his approval ratings are dropping sharply, and his record on public safety has become the main point used to chip away at his support. For a few weeks, Cooper was ahead by as much as 12 points over Republican Michael Whatley, but Democrat Public Policy Polling shows him up by only 4, with a memo noting that the GOP has a path to victory. Whatley’s main challenge is name recognition, which he’s been trying to improve with a tour of all 100 counties in the state. 

Public safety has earned the former governor the nickname Killer Cooper. Now, COVID Roy, destroyer of businesses on fake news science, could be another, especially if he’s deposed in August. 

Republicans, send cash to Whatley. 

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