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Ex. DUT-NC-019 Standing duty Primary source read

North Carolina Bar and Tavern Ass'n v. Stein, No. 126PA24 (N.C. Aug. 22, 2025), on review of 293 N.C. App. 402 (2024)

Opinion: the Emergency Management Act 'grants the Governor the ability to impose significant restrictions or prohibitions on otherwise permissible activity during states of emergency', including restrictions on 'the operation of offices, business establishments, and other places to or from which people may travel or at which they may congregate'; no statutory compensation for such restrictions

Supreme Court of North Carolina · North Carolina (Court)

The COVID Project

The record

Jurisdiction
North Carolina
Level
Court
Authority
N.C.G.S. 7A-31; N.C. Const. art. I, secs. 1, 19; G.S. 166A-19.30, 166A-19.31, 166A-19.73
Issued
2025-08-22 Aug. 22, 2025
Effective
2025-08-22
End
n/a (judicial opinion)
In force
Aug. 22, 2025 (no end date recorded; counted as in force for 120 days)
Limitation types
Business closureAlcohol and barsOther
Addressees
  • specified businesses (bars and private clubs closed or restricted by EO 118 through EO 209); by its construction of the Act, every business establishment
Character
adjudication
Collection
Standing duties: North Carolina DUT-NC

Operative words

the Emergency Management Act... grants the Governor the ability to impose significant restrictions or prohibitions on otherwise permissible activity during states of emergency... [and] allows the Governor to restrict "the operation of offices, business establishments, and other places to or from which people may travel or at which they may congregate"

Penalty

As construed: the Act's prohibitions and restrictions bind without compensation; violation is a Class 2 misdemeanor (G.S. 166A-19.30(d))

What it required

States, as the Supreme Court's construction of the Act, that the Governor's COVID-19 executive orders restricting bar operations were exercises of statutory power to prohibit and restrict the operation of business establishments (G.S. 166A-19.31(b)(2), (5) through G.S. 166A-19.30(c)) and that the Act provides compensation only for property 'commandeered, seized, taken, condemned, or otherwise used', not for restrictions on use; on the constitutional claims the Court modified and affirmed in part the Court of Appeals on the fruits-of-labor claim (remanding for discovery), reversed on equal protection (rational basis applies) and affirmed on the statutory claims. Character as recorded: adjudication (order_penalty layer).

Retrieval note

Cite for the Court's description of the Act and of the orders as binding restrictions on business operation; the constitutional rulings (colorable fruits-of-labor claim remanded; rational basis on equal protection) concern the bars' remedies against the State and post-date the quarters.