5/18/2020 7:12:00 PM Restaurant Owner Cited for Violation Of NC Governor's Order
Lincoln County Sheriff's Office Press Release
LINCOLNTON, N.C. – On May 18, 2020 a citation was issued to Carroll Dean Mitchem for openly violating North Carolina Executive Order 138, issued on May 5, 2020 by Governor Roy Cooper pursuant to NCGS 166A-1.30. Mr. Mitchem owns and operates Mitchem’s Kitchen located at 6649 West Highway 27, in Vale, NC.
After receiving complaints from the general public and conducting an investigation, Lincoln County Sheriff Bill Beam issued the citation. Sheriff Beam said, “I may not personally approve of all the Emergency Orders issued by Governor Cooper but North Carolina General Statute allows provisions for Governor Cooper to issue orders during a State of Emergency. NC General Statute 166A states, local law enforcement SHALL enforce these orders”.
Sheriff Beam went on to say, “Governor Cooper has the authority under 166A to remove elected officials. No law enforcement officer has the authority to decide which laws are and are not Constitutional. The NC courts and ultimately the Supreme Court makes these decisions. I have written Mr. Mitchem a citation for violation of Governor Cooper’s Executive Order 138.”
Mr. Mitchem has a court date scheduled for Wednesday, September 9, 2020.
Posted: Monday, May 18, 2020
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I see both sides of this issue. Small businesses need to reopen to save their businesses. Mitchem's act tested the waters to see if the NC Governor's orders could be overturned. For now, it appears that answer is NO.
Sheriff Beam, when placed in a difficult spot, upheld and enforced the law per the oath of office he swore to.
All this said, NC small businesses need to reopen! Hair salons, small restaurants as long as they can use only 50% capacity (for instance, remove half of the tables before reopening, etc.). If they can comply with social distancing, extra cleaning, etc.----I pray that they will be allowed for reopen after this coming Friday May 22nd.