ALAMANCE COUNTY, N.C. — An Alamance County judge ruled in favor of the North Carolina Department of Health and Human Services after Ace Speedway allowed thousands of fans to attend racing events despite Gov. Roy Cooper’s Safer at Home Phase 2 restrictions.
District Court Judge Tom Lambeth ruled Ace Speedway must abide by phase 2 restrictions which means no more than 25 fans in at a time.
After presenting many statistics in hours-long court hearings, attorneys representing the NCDHHS said racing events pose an "unacceptable risk." Lambeth agreed and said, “Previous generations were sent to fight in World War II, while this crisis only asks people to stay home.”
Lambeth wrote in part in a memorandum:
“I personally have great empathy for the owners of Ace Speedway and the thousands of business owners in North Carolina who continue to be adversely affected by COVID-19. Our state and nation continue to struggle with the delicate balance between protecting the health of our citizens and the economic wellbeing of those same citizens. My sworn oath as a judge is to follow the law. I have studied all the evidence presented by both written testimony and oral testimony, the exhibits that were admitted in evidence, the applicable case law, statutes, briefs and arguments of the parties. The court concludes that the correct legal ruling, in this case, is to grant the plaintiff’s motion for a preliminary injunction.
“The plaintiff made a clear and compelling showing that a public health emergency exits in Alamance County and that the plaintiff’s action in issuing the Order of Abatement was reasonably necessary to address the public health emergency.
“The court does once again encourage the parties to work together if possible, to try and find a way of allowing the owners of the speedway to conduct races within the current restrictions."
Robert Turner, co-owner of Ace Speedway, testified that the decision could mean the closure of his racetrack.
Turner's attorney, Chuck Kitchen, said they were supposed to have races Friday.
In court Friday, Kitchen said the racetrack could limit the amount of spectators, but 25 is extreme.
"The state says no event can exceed 25 even though you have a 5,000 seat capacity at Ace Speedway," Kitchen argued. "Your honor that is not a reasonable regulation, it is a ban."
Both Robert and Jason Turner, co-owners of Ace Speedway, testified that they would need at least 1,000 fans just to break even.
"It's pretty much a death wish," Robert said under oath.
"What do you mean by that?" Kitchen questioned.
"I mean we cannot operate and we cannot maintain the facility or pay our bills without the revenue the racing brings."
After the ruling came out late Wednesday afternoon, WFMY News 2 contacted Kitchen. He said he was disappointed in the ruling and expects to file an appeal, but needed to touch base with his clients first.