Issue

North Carolina—direct constitutional claims—colorable—selective enforcement of emergency executive order—State's sovereign immunity overcome

Summary

In a dispute between the Department of Health and Human Services (DHHS) and a racetrack owner, who publicly criticized and refused to comply with the governor's executive order prohibiting "mass gatherings" during the COVID-19 pandemic, the trial court properly denied the State's motion to dismiss based on sovereign immunity where the counterclaims brought by defendants (the racetrack and its owner) adequately alleged colorable constitutional claims under the Fruits of Their Labor Clause and Equal Protection Clause of the North Carolina Constitution sufficient to pierce the State's sovereign immunity. Specifically, defendants alleged that: the governor singled out defendants by pressuring the local sheriff to arrest the racetrack owner and, when the sheriff refused, ordering DHHS officials to shut down the racetrack as a health hazard; the governor took these actions to punish the racetrack owner rather than to address an actual health hazard at the racetrack; and DHHS officials did not take similar actions against other large outdoor venues whose owners did not openly criticize the emergency executive order.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →