The North Carolina Supreme Court says a lawsuit filed by an Alamance County racetrack that was shut down during the height of the COVID-19 pandemic can continue against the state’s secretary of health.
The unanimous ruling Friday finds the owners of Ace Speedway have shown legally plausible arguments that the state violated their right in the state constitution to “enjoy the fruits of their own labor.”
The suit also accuses then-Secretary of Health Mandy Cohen of selectively enforcing an order that limited public gatherings to no more than 25 people. The racetrack in 2020 hosted races with upwards of 2,000 spectators.
The suit will now proceed in a lower court.
