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Coronavirus: Alamance County judge restraining order Ace Speedway

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AdvertisementAlamance County judge delays ruling on temporary restraining order against Ace SpeedwayHide TranscriptShow TranscriptWAS AT ALAMANCE -- JUSTIN SCHREYER -- LET’S GO TO JUSTIN SHRIAIR. JUSTIN: AFTER THE JUDGE HEARD FROM SEVERAL WITNESSES TODAY, HE DID NOT RULE ANYTHING. THE TEMPORARY RESTRAINING ORDER EXTENDS TO NEXT WEDNESDAY. WE HEARD FROM A LOT OF WITNESSES TODAY. THE PUBLIC HEALTH DIRECTOR RUN THE RACE IS THE SPEEDWAY. CALLING A SPEEDWAY AN IMMEDIATE THREAT IF IT CONTINUES TO VIOLATE GOVERNOR ROY COOPER’S EXECUTIVE ORDER. ANDREW CASPER SHOWED VARIOUS PHOTOS TAKEN FROM SEVERAL MEDIA OUTLETS. IT SHOWED A BUNCH OF PEOPLE IN THE STANDS AT RECENT WEEKS. &gt;&gt; IT HAS BEEN IDENTIFIED BY THE WHITE HOUSE CORONAVIRUS TASK FORCE. JUSTIN: JASON SPOKE ABOUT THE SAFETY PRECAUTIONS ALREADY IN PLACE AT THE TRACK AND SAYS ONLY ONE FAMILY COMPLAINED ABOUT NOT BEING ABLE THE SOCIAL DISTANCE. HE SAYS LIVE STREAMING THE RAISES AS IT WAS SUGGESTED IT WOULD NOT ALLOW HIM TO CONTINUE MAKE OF PROFIT. HE NEEDS 1000 PEOPLE TO BREAKEVEN. THEY ALSO MET WITH COUNTY AND STATE OFFICIALS. AT THE END OF THE MEETING, HE THOUGHT HE WAS ABLE TO OPERATE THE TRACK AGAIN. THE LAWYER SAYS NOT ALLOWING THE TRACK TO OPEN BACK UP BE DEVASTATING. &gt;&gt; IT IS THE LIFE AND DEATH OF THEIR BUSINESS. THE BUSINESS CANNOT SURVIVE IF IT CAN’T OPERATE. CAN THE GOVERNOR SIMPLY DECIDE THAT YOU WILL NO LONGER HAVE THE BUSINESS? YOU WILL NO LONGER BE ABLE TO MAKE A LIVING. &gt;&gt; LIVE IN ALAdvertisementAlamance County judge delays ruling on temporary restraining order against Ace SpeedwayAfter a second hearing Friday morning, where Alamance County Superior Court Judge Thomas Lambeth heard from several witnesses, he decided to delay his decision on whether the temporary restraining order against Ace Speedway will be lifted or not amid the COVID-19 pandemic.Instead, Judge Lambeth said the temporary restraining order will stand until he makes his decision next Wednesday. Witnesses included the Alamance County Sheriff, a Major with the Sheriff’s Office, the Public health Director for the county and Jason and Robert Turner, who run the races at the speedway. During the hearing, which lasted several hours, the attorney for the North Carolina Department of Health and Human Services continued to make his point, calling Ace Speedway a threat to public health if it continues to violate Gov. Roy Cooper's executive order. Special Counsel Andrew Kasper showed various photos taken from different media outlets showing a large amount of people in the stands at the Speedway during races held in recent weeks. Kasper had also said that the racetrack violated the abatement order recently issued by the North Carolina Department of Health and Human Services as well. “Alamance County continues to be one of the counties in the state that has the fastest growth rate of COVID-19 diagnosis. It has been identified by the White House Coronavirus Task Force as being one of the country's most troubling hot spots,” said Special Counsel Kasper, who is representing the North Carolina Department of Health and Human Services.Jason and Robert Turner also testified. Jason spoke about the safety precautions that were already in place at the track, and he says only one family complained about not being able to social distance, so he gave them a refund. He said live streaming the races as it was suggested would not allow him to continue to make a profit and that he needs about 1,000 people to at least break even. Robert Turner also testified and said that he met with some county and state officials at the end of meeting and that he thought he was able to operate the track again. The lawyer for Jason and Robert Turner, Chuck Kitchen, said not allowing the track to open would be devastating. “It is the life or death of their business. I mean their business cannot survive if we cannot operate, and that’s what we are talking about. Where is the line, can the Governor simply decide that you will no longer have a business? You will no longer be able to make a living,” said Attorney Kitchen.The judge said he is going to go through everything over the weekend and early next week. He said that he will issue a ruling Wednesday afternoon sometime before 5 p.m. through email.A decision to issue a temporary restraining order against the racetrack was made during a hearing last week after North Carolina health officials ordered it to close, saying the stock car track's defiance of limits on mass gatherings during the pandemic make it an "imminent hazard" for spreading coronavirus. Attorney Chuck Kitchen said he believes his clients are being singled out. “It is very difficult. You are fighting the state, and if you are just a person in Alamance County trying to make a living, that is tough on you,” Kitchen said. Kitchen also said that his clients met with the sheriff, a county commissioner and the local health director and took appropriate steps to keep the races safe. He said other tracks are operating and does not think that the restrictions in place are reasonable. “What they cannot do is say we are only going to have 25 people in the stands or 25 people altogether. It simply is not reasonable. It shuts them down,” Kitchen said.Special Counsel Andrew Kasper, who is representing the state, said the speedway clearly violated the terms of the abatement order and poses a serious and immediate risk to public health if races continue the way they are. “The continued operation of Ace Speedway is an immediate threat to human life and an immediate threat to serious adverse health effects,” Kasper said.Kasper also said that several features of the raceway increase the risk of COVID-19 spreading, from people gathering in large crowds to people yelling and cheering close together. He said the races should stop until they comply with the executive order. On their Facebook page, Ace Speedway said in part, "...Our June 13th and June 19th Events have been cancelled. We want to thank everyone for their unwavering support. We will resume our season as soon as possible..."The judge in the case said he expects to make a ruling Wednesday.In the recent weeks, Alamance County Sheriff Terry Johnson has refused to cite the speedway for violating state restrictions, saying it is unfairly being singled out.The speedway has held racing on several weekends during the pandemic. Cooper’s executive order caps most outdoor meetings to 25 people. Media outlets have reported crowds at the speedway attracted between 2,500 and 4,000 people.The governor’s office wrote to Johnson, telling him to perform his duty and enforce Cooper’s order. A placard at the speedway at one Saturday race read: “This event is held in peaceful protest of injustice and inequality everywhere.” Gatherings to express First Amendment rights are exempt from the order.Johnson wrote that no action was taken on other tracks.“This concerns me greatly to know that my citizens have basically been singled out for the same alleged violations that are occurring all over the state of North Carolina,” he wrote in a statement. “I assure you that I respect the Office of the Governor of North Carolina but I have serious reservations on the legality of his order.” In an email to WXII 12 News, Byron Tucker, the Public Information Officer with the Alamance County Sheriff's Office, said in part, "...Sheriff Johnson says he believes the issue is now between the North Carolina Department of Health and Human Services and Ace Speedway thereby ending the Sheriff's Office role...". Cooper said at a media briefing that opening the speedway to crowds was a “reckless decision” by the owner.“People shouldn’t run a money-making operation that puts in danger not only their customers but anybody who would come into contact with their customers,” Cooper said, adding the “state will have to take action” this week “if the local officials don’t.” Johnson wrote that Cooper was within his right to ask a court to issue an injunction against the speedway or ask state police agencies to issue a citation. The North Carolina Department of Health and Human Services issued an Abatement Order requiring ACE Speedway to immediately close their facility and halt operations. While the Abatement Order halts operations, it allows Ace Speedway to propose a new plan which could allow races to resume, under the condition that steps be taken to adhere to the restrictions in place regarding mass gathering numbers and social distancing precautions. "It was irresponsible for them to keep operating in the way they were doing with thousands of people shoulder to shoulder, no face coverings, and so we want to take this action so folks know we need to take this seriously, particularly in a week when we are seeing our trends go in the wrong direction," Dr. Mandy Cohen said in a press conference.In that same press conference Cooper said in part, “This particular speedway knows that the order is in existence and has flagrantly violated the order and put their customers in danger as well as anybody who comes in contact with their customers.”The novel coronavirus continues to threaten North Carolina, with recent data indicating an acceleration in the number of new cases, a greater percentage of positive tests and an increase in hospitalizations resulting from COVID-19. Alamance County has had an increasing trend in number of cases since the start of the pandemic with larger increases in the numbers of cases since the last week in April. The doubling time for the outbreak in Alamance reached a maximum of 19.7 days in the last week of May, and decreased to 13.6 days in early June, indicating that viral spread is becoming more rapid.“Across the state, North Carolinians are making huge sacrifices to protect their families and neighbors. This virus is highly contagious and very dangerous. Bad actors who flagrantly violate public health orders put all of our families and loved ones at risk,” NCDHHS Secretary Mandy Cohen said.Anyone who attended a mass event should get tested. The following online resources can help. Visit Check My Symptoms (www.ncdhhs.gov/symptoms) and enter your symptoms to determine if you should consider getting tested for COVID-19. If a test is recommended, you will receive a link to a list of nearby testing sites via email or text. Visit Find My Testing Place (www.ncdhhs.gov/TestingPlace) and enter your county or ZIP code to access a list of nearby testing site locations online.After a second hearing Friday morning, where Alamance County Superior Court Judge Thomas Lambeth heard from several witnesses, he decided to delay his decision on whether the temporary restraining order against Ace Speedway will be lifted or not amid the COVID-19 pandemic.Instead, Judge Lambeth said the temporary restraining order will stand until he makes his decision next Wednesday.AdvertisementWitnesses included the Alamance County Sheriff, a Major with the Sheriff’s Office, the Public health Director for the county and Jason and Robert Turner, who run the races at the speedway. During the hearing, which lasted several hours, the attorney for the North Carolina Department of Health and Human Services continued to make his point, calling Ace Speedway a threat to public health if it continues to violate Gov. Roy Cooper's executive order. Special Counsel Andrew Kasper showed various photos taken from different media outlets showing a large amount of people in the stands at the Speedway during races held in recent weeks. Kasper had also said that the racetrack violated the abatement order recently issued by the North Carolina Department of Health and Human Services as well. “Alamance County continues to be one of the counties in the state that has the fastest growth rate of COVID-19 diagnosis. It has been identified by the White House Coronavirus Task Force as being one of the country's most troubling hot spots,” said Special Counsel Kasper, who is representing the North Carolina Department of Health and Human Services.Jason and Robert Turner also testified. Jason spoke about the safety precautions that were already in place at the track, and he says only one family complained about not being able to social distance, so he gave them a refund.He said live streaming the races as it was suggested would not allow him to continue to make a profit and that he needs about 1,000 people to at least break even. Robert Turner also testified and said that he met with some county and state officials at the end of meeting and that he thought he was able to operate the track again. The lawyer for Jason and Robert Turner, Chuck Kitchen, said not allowing the track to open would be devastating. “It is the life or death of their business. I mean their business cannot survive if we cannot operate, and that’s what we are talking about. Where is the line, can the Governor simply decide that you will no longer have a business? You will no longer be able to make a living,” said Attorney Kitchen.The judge said he is going to go through everything over the weekend and early next week. He said that he will issue a ruling Wednesday afternoon sometime before 5 p.m. through email.A decision to issue a temporary restraining order against the racetrack was made during a hearing last week after North Carolina health officials ordered it to close, saying the stock car track's defiance of limits on mass gatherings during the pandemic make it an "imminent hazard" for spreading coronavirus. Attorney Chuck Kitchen said he believes his clients are being singled out. “It is very difficult. You are fighting the state, and if you are just a person in Alamance County trying to make a living, that is tough on you,” Kitchen said. Kitchen also said that his clients met with the sheriff, a county commissioner and the local health director and took appropriate steps to keep the races safe. He said other tracks are operating and does not think that the restrictions in place are reasonable. “What they cannot do is say we are only going to have 25 people in the stands or 25 people altogether. It simply is not reasonable. It shuts them down,” Kitchen said.Special Counsel Andrew Kasper, who is representing the state, said the speedway clearly violated the terms of the abatement order and poses a serious and immediate risk to public health if races continue the way they are. “The continued operation of Ace Speedway is an immediate threat to human life and an immediate threat to serious adverse health effects,” Kasper said.Kasper also said that several features of the raceway increase the risk of COVID-19 spreading, from people gathering in large crowds to people yelling and cheering close together. He said the races should stop until they comply with the executive order. On their Facebook page, Ace Speedway said in part, "...Our June 13th and June 19th Events have been cancelled. We want to thank everyone for their unwavering support. We will resume our season as soon as possible..."The judge in the case said he expects to make a ruling Wednesday.In the recent weeks, Alamance County Sheriff Terry Johnson has refused to cite the speedway for violating state restrictions, saying it is unfairly being singled out.The speedway has held racing on several weekends during the pandemic. Cooper’s executive order caps most outdoor meetings to 25 people. Media outlets have reported crowds at the speedway attracted between 2,500 and 4,000 people.The governor’s office wrote to Johnson, telling him to perform his duty and enforce Cooper’s order. A placard at the speedway at one Saturday race read: “This event is held in peaceful protest of injustice and inequality everywhere.” Gatherings to express First Amendment rights are exempt from the order.Johnson wrote that no action was taken on other tracks.“This concerns me greatly to know that my citizens have basically been singled out for the same alleged violations that are occurring all over the state of North Carolina,” he wrote in a statement. “I assure you that I respect the Office of the Governor of North Carolina but I have serious reservations on the legality of his order.” In an email to WXII 12 News, Byron Tucker, the Public Information Officer with the Alamance County Sheriff's Office, said in part, "...Sheriff Johnson says he believes the issue is now between the North Carolina Department of Health and Human Services and Ace Speedway thereby ending the Sheriff's Office role...". Cooper said at a media briefing that opening the speedway to crowds was a “reckless decision” by the owner.“People shouldn’t run a money-making operation that puts in danger not only their customers but anybody who would come into contact with their customers,” Cooper said, adding the “state will have to take action” this week “if the local officials don’t.” Johnson wrote that Cooper was within his right to ask a court to issue an injunction against the speedway or ask state police agencies to issue a citation. The North Carolina Department of Health and Human Services issued an requiring ACE Speedway to immediately close their facility and halt operations. While the Abatement Order halts operations, it allows Ace Speedway to propose a new plan which could allow races to resume, under the condition that steps be taken to adhere to the restrictions in place regarding mass gathering numbers and social distancing precautions. "It was irresponsible for them to keep operating in the way they were doing with thousands of people shoulder to shoulder, no face coverings, and so we want to take this action so folks know we need to take this seriously, particularly in a week when we are seeing our trends go in the wrong direction," Dr. Mandy Cohen said in a press conference.In that same press conference Cooper said in part, “This particular speedway knows that the order is in existence and has flagrantly violated the order and put their customers in danger as well as anybody who comes in contact with their customers.”The novel coronavirus continues to threaten North Carolina, with recent data indicating an acceleration in the number of new cases, a greater percentage of positive tests and an increase in hospitalizations resulting from COVID-19. Alamance County has had an increasing trend in number of cases since the start of the pandemic with larger increases in the numbers of cases since the last week in April. The doubling time for the outbreak in Alamance reached a maximum of 19.7 days in the last week of May, and decreased to 13.6 days in early June, indicating that viral spread is becoming more rapid.“Across the state, North Carolinians are making huge sacrifices to protect their families and neighbors. This virus is highly contagious and very dangerous. Bad actors who flagrantly violate public health orders put all of our families and loved ones at risk,” NCDHHS Secretary Mandy Cohen said.Anyone who attended a mass event should get tested. The following online resources can help.Loading more articles...

AdvertisementAlamance County judge delays ruling on temporary restraining order against Ace SpeedwayHide TranscriptShow TranscriptWAS AT ALAMANCE -- JUSTIN SCHREYER -- LET’S GO TO JUSTIN SHRIAIR. JUSTIN: AFTER THE JUDGE HEARD FROM SEVERAL WITNESSES TODAY, HE DID NOT RULE ANYTHING. THE TEMPORARY RESTRAINING ORDER EXTENDS TO NEXT WEDNESDAY. WE HEARD FROM A LOT OF WITNESSES TODAY. THE PUBLIC HEALTH DIRECTOR RUN THE RACE IS THE SPEEDWAY. CALLING A SPEEDWAY AN IMMEDIATE THREAT IF IT CONTINUES TO VIOLATE GOVERNOR ROY COOPER’S EXECUTIVE ORDER. ANDREW CASPER SHOWED VARIOUS PHOTOS TAKEN FROM SEVERAL...

Coronavirus: Alamance County judge restraining order Ace Speedway

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