ALAMANCE COUNTY, N.C. — The North Carolina Department of Health and Human Services (NCDHHS) said it has filed a motion for a Temporary Restraining Order against Ace Speedway.
The motion comes a day after Governor Cooper ordered the track to close.
The governor declared the speedway an "imminent hazard" to spread coronavirus after fans packed the stands during three previous races.
Phase 2 reopening guidelines only let 25 people or less gather at the speedway.
The Temporary Restraining Order enforces the state health department’s abatement order.
The NCDHHS said a lawyer for the administration will be at a hearing Thursday morning at the Alamance County Courthouse.
Ace Speedway's owner told WFMY News 2 that he was meeting with an attorney Wednesday.
A post on the track's Facebook page told fans and competitors that staff is working on a statement and plans to have more updates Thursday.
Governor Roy Cooper issued an abatement order on Ace Speedway Friday to immediately close the racetrack, according to NCDHHS.
There is still uncertainty about who would enforce the governor's order if Ace speedway were to violate it.
"The issue is between NC DHHS and the owners of Ace Speedway," said an Alamance County Sheriff's Office spokesperson maintaining the department's previous stance.
The sheriff's office goes on to say that the governor can use any state law enforcement to take action.
The North Carolina Department of Public Safety and the North Carolina Highway Patrol said they had not received any guidance from the Governor's Office on enforcing the order.
A Highway Patrol spokesperson went on to say that while it is true any state law enforcement could take action, that power usually falls to the county sheriff's office or local police department.
WFMY News 2 reached out to Governor Cooper's office for clarification on what agency will enforce the closure and has not heard back.
An Abatement Order halts operations, but still allows Ace Speedway to come up with a plan to have races, as long as mass gathering rules are followed and social distancing precautions are in place. At the race on Saturday, Ace Speedway was checking temperatures at the gate.
Ace Speedway's next race is scheduled for June 19.
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