{"id":"DUT-NC-019","kind":"duty","level":"court","jurisdiction":"North Carolina","state":"NC","metro":"","industry":"","agency":"","eco":"","issuer":"Supreme Court of North Carolina","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","instrument":"North Carolina Bar and Tavern Ass\u0027n v. Stein, No. 126PA24 (N.C. Aug. 22, 2025), on review of 293 N.C. App. 402 (2024)","title":"Opinion: the Emergency Management Act \u0027grants the Governor the ability to impose significant restrictions or prohibitions on otherwise permissible activity during states of emergency\u0027, including restrictions on \u0027the operation of offices, business establishments, and other places to or from which people may travel or at which they may congregate\u0027; no statutory compensation for such restrictions","dateIssued":"2025-08-22","effective":"2025-08-22","end":"n/a (judicial opinion)","startDate":"2025-08-22","endDate":"","quarters":[],"types":["CLOSE","ALC","OTHER"],"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"],"clause":"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 \u0022the operation of offices, business establishments, and other places to or from which people may travel or at which they may congregate\u0022","enforcement":"As construed: the Act\u0027s prohibitions and restrictions bind without compensation; violation is a Class 2 misdemeanor (G.S. 166A-19.30(d))","functions":[],"notes":"States, as the Supreme Court\u0027s construction of the Act, that the Governor\u0027s 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 \u0027commandeered, seized, taken, condemned, or otherwise used\u0027, 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).","sourceUrl":"https://appellate.nccourts.org/opinions/?c=1\u0026pdf=45054","snapshot":"","fileExists":true,"fileBytes":376812,"grade":"primary","character":"adjudication","description":"","collection":"DUT-NC","url":"/library/DUT-NC-019","exhibitUrl":"/exhibit/DUT-NC-019","citation":"Supreme Court of North Carolina, North Carolina Bar and Tavern Ass\u0027n v. Stein, No. 126PA24 (N.C. Aug. 22, 2025), on review of 293 N.C. App. 402 (2024) (Ex. DUT-NC-019)","stateName":"North Carolina","related":["DUT-NC-012"]}