ALAMANCE COUNTY, N.C. — A judge ordered Ace Speedway to shut down in a hearing on Thursday.
The ruling comes after the North Carolina Department of Health of Human Services filed a temporary restraining order to close the racetrack.
Superior Court Judge David D. Thomas Lambeth, Jr. said he understood the balancing act state officials had to make between the economy and the public health crisis.
"I am certain that governmental leaders across this country are trying their best just as our local leaders are to keep our people healthy but to also let people try to work, and I don’t think anybody takes delight in having a business not be able to come to their establishments, Ace Speedway included. But it is clearly - in Dr. Cohen's verified complaint - and all the accompanying documents make it very clear that there is an imminent health hazard in our state and in our county," said Lambeth.
Lambeth referenced a recent ruling by Supreme Court Justice J. Roberts when coming to his decision.
"The precise question of when restrictions on particular social activities should be lifted during the pandemic is a dynamic and fact-intensive matter subject to reasonable disagreement. Our constitution principally entrusts the safety and health of the people to the politically accountable officials of the state to guard and protect. When those officials undertake to act in areas fraught with medical and scientific uncertainties, their latitude must be especially broad," Lambeth read.
"Based on all of the materials I've reviewed and the arguments of counsel the appropriate ruling is, I am going to grant a temporary restraining order," said Lambeth.
Lawyers for Ace Speedway said they were disappointed with the ruling. During the hearing, they argued that the state is selectively enforcing policies, didn't give proper legal notice, and claimed that there are no confirmed cases of COVID-19 from Ace Speedway.
The state's legal team argued that Ace Speedway is advertising races happening later this month, which violates the law. They argue that this practice is deceptive. The team also argued that Burlington has one of the worst COVID-19 growth rates in the country and that limiting people at events is a reasonable way to deal with it.
There will be another hearing between the parties on Friday, June 19 at 9:30 a.m.
Fans and drivers alike were disappointed to hear the speedway was forced to close.
"People are ready to get back to the normal and enjoy the things that they love and with the judge's ruling shutting down the speedway is very unfortunate," said Nathan Crespo, who attended several recent races at the track.
Driver Dustin Rumley said he thinks the order is harsh.
"I think it’s really just time to open up and just do our thing and that’s really what the turners did and I applaud them for that and I back them for that," he said.
Ace Speedway posted to its Facebook page after the ruling thanking its fans and assuring them the 2020 season is not over.
"To our very loyal Race Fans and Competitors.
"Due to the TRO placed on Ace Speedway, Thursday open practice has been canceled.
"Also, our June 13 and June 19 events have been canceled. We want to thank everyone for their unwavering support. We will resume our season as soon as possible.
"Private track rentals will still be scheduled by appointment only so that we can maintain 25 people or less.
"Thank you to our local officials who have stood by their beliefs. Thank you to our fans, our employees, our sponsors and our race teams who have expressed their support through the good and the bad. Continue to stick with us, this does not mean 2020 is over, just on hold.
"Continue to follow the Ace Speedway Facebook page for updates on future event planning. You won't want to miss our season re-opener
"Thank you and God Bless you all!"
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