More businesses get the OK; bars say embattled governor’s rules unjust

RALEIGH — Movie theaters, amusement parks and bars can reopen.

In his 53rd executive order since declaring a state of emergency for COVID-19, Gov. Roy Cooper on Wednesday said a new order taking effect Friday at 5 p.m. and expiring Oct. 23 will allow movie theaters and conference centers to open indoor spaces to 30 percent of capacity or 100 guests, whichever is less. Bars and “night spots” can operate outdoors only and at 30 percent capacity or 100 guests, whichever is less — and their industry association says that’ll mean few if any can, and those likely won’t even be able to meet overhead costs to do so.

In a statement, they called it a slap in the face.

“The key indicators we watch in North Carolina remain mostly stable,” Cooper said, “but I have to tell you that we see warning signs that the disease could spike again here and across the country. The virus continues to spread, so we must take the next steps methodically and responsibly.”

Though he used the term “spike again,” North Carolina has not had a measured spike. Leaders took steps in the spring and encouraged everyone to help “flatten the curve,” which was statistically proven done before the Fourth of July.

Cooper emphasized the biggest goal is to fully reopen schools to in-person instruction. On Sept. 17 he announced a change in plans for public schools, moving to what is deemed Plan A for grades kindergarten through fifth. Those students on Monday can resume in-person learning in classrooms with no capacity restrictions, including on school buses.

Bladen County has yet to make that change, instead providing an option for K-4 students to be in classrooms two days a week. It is scheduled to resume grades 5-8 for two days a week each on Monday, subject to a Thursday night board meeting.

Emereau: Bladen Charter School will begin having its K-5 students attend four days a week on Oct. 19, with Wednesday reserved for deep cleaning. The school has grades K-9.

As for changing other grades, Cooper said Wednesday, “Don’t have a timeline on it, but just know that it remains a priority for us.”

Bars and nightclubs have been closed since March 17. Tuesday marked 28 weeks since the St. Patrick’s Day closure and Friday will be 200 days. Wednesday’s order won’t help nightclubs much; they can’t have indoor bar areas open to serve alcohol.

The N.C. Bar and Tavern Association says most municipalities don’t approve outdoor seating areas. It says the target line for having enough customers to cover costs is about 20, which under Cooper’s rules would mean a need for 3,000 square feet of space and 60 seats. The industry said it was unjust that alcohol has been served at indoor establishments since May, but bars remain singled out.

Amusement parks are allowed to open at 30 percent occupancy for outdoor attractions only. They, museums and playgrounds remain prohibited from operating indoor motion simulators.

For large outdoor venues, such as football stadiums, those with seating of 10,000 or more can have 7 percent occupancy. Those with 9,999 or less are limited to 30 percent capacity or 100 guests, whichever is less.

This means Sunday’s NFL game for the Carolina Panthers can have about 5,200 fans when Arizona visits. At the state’s major college football venues, N.C. State can have just more than 4,000, Carolina just over 3,500, East Carolina about 3,500, Duke about 2,800, Wake Forest just over 2,200, and Appalachian State about 2,100.

“We recognize that outdoor capacity is not always a thing that someone is zoned for, so, yes, we sort of havy a proxy for what does about 30 percent of a space look like,” Cooper said. “That’s how we came up with the 7-per-1,000-foot guidance that you see in the executive order today.”

The governor’s order keeps intact several previous orders, including face coverings in public places indoors or outdoors “where it is not possible to consistently be physically distant by more than 6 feet from non-household members.” There was no change for restaurants, gyms and fitness centers.

Also still in place is the ban after 11 p.m. on alcohol sales for in-person consumption at restaurants and outdoor bars.

The limit on mass gatherings remains at 25 people indoors and 50 people outdoors. The order specifically says it “includes parades, fairs and festivals.” For parks, beaches or trails, it applies only to each group of people gathered.

Wholly exempt from the order are “worship, religious and spiritual gatherings, funeral ceremonies, wedding ceremonies, and other activities constituting the exercise of First Amendment rights.”

The governor called this “Phase 3” but it more closely resembles “Phase 2” from his outline presented in May. In that, the governor had said it would “allow limited opening of restaurants, bars and other businesses that can follow strict safety protocols (reduced capacity)” and “increase in number of people allowed at gatherings.”

In his original third phase, it said “lessen restrictions for vulnerable populations with encouragement to continue practicing physical distancing; allow increased capacity at restaurants, bars, other businesses, houses of worship and entertainment venues; further increase the number of people allowed at gatherings; continue rigorous restrictions on nursing homes and congregate care settings.”

Cooper has faced pressure throughout the pandemic, practically since its beginning. When information was still new across the country and the Centers for Disease Control and Prevention was figuring out its warnings, Cooper went with them in March. The CDC on April 4 issued guidance for wearing face coverings; Cooper didn’t enact that measure until June 26.

Cooper issued a 30-day stay at home order at the end of March that lasted through April. The business closures sent more than a million North Carolinians into the unemployment cycle, and Cooper’s administration was chastized for not being able to handle the resulting impact at the Employment Security Commission.

As Memorial Day weekend approached, he attempted to move the state out of the first phase. But scores of businesses lumbering through two months without revenue prepped to reopen only to get a surprise when he kept them shuttered. Included were more than a thousand gyms and fitness centers, plus bars and nightclubs that stayed closed past Labor Day.

Schools were told June 8 that by July 1 they would know which of three plans could be used for the Aug. 17 opening of school. Instead, Cooper delayed that decision two weeks, then chose a middle plan that required some parents to figure out child care for three days a week with school just a month away.

On Sept. 16, Republicans — including his gubernatorial opponent, Lt. Gov. Dan Forest — held a press conference pushing for in-person instruction to resume. Cooper’s spokesman, Fred Porter, responded to a Raleigh newspaper’s question by saying, “It’s stunning that these elected leaders want to fill up our classrooms today without a safety plan, take away the statewide mask requirement and put our children at risk, all to try and make a political splash.”

The next day, the Democratic governor announced the K-5 return that takes place Monday.

Cooper was also roundly criticized at the outset of the delayed college football season when parents were prevented from watching their children in venues such as 50,500 seat Kenan Stadium at Carolina. Waivers on the 50-person limit soon followed.