- This topic has 13 replies, 11 voices, and was last updated 1 week ago by Carlie Jimenez.
May 23, 2020 at 4:14 pm #1153Karen Smith@karen
I just learned that the Cape Carteret Aquatic and Wellness Center gym owner Deanna McElmon was cited by Cape Carteret Police to be in violation of NC Governor’s Roy Cooper Phase 2 reopening after she defied the continued shutdown and reopened her gym on Friday, May 22, 2020.
Under the Governor’s order, gyms, health clubs, and fitness centers are to remain closed while other businesses are allowed to re-open.
Apparently, gym owner McElmon opened her gym Friday morning and was asked by the Cape Carteret NC police chief Bill McKinney for a meeting with her at which point she was given a written citation for defying the shutdown order.
In the article I read, the owner of the Cape Carteret Aquatic & Wellness Center said that the police chief appeared to not want to give her the citation and that everyone was very polite and non-threatening during the process.
Deanna McElmon further stated that her gym will remain open and that she has an attorney on call if needed.
So I started this thread because I am interested in finding out how others feel about this situation. Here is how I see the conflict being an issue.
The NC Governor, tasked with responding to a health pandemic never experienced by anyone living today, has the responsibility to keep NC citizens safe and to listen to health experts on how to proceed.
Apparently, these health experts told Governor Cooper that gyms, fitness centers, and health clubs are still a direct threat to citizens because of Coronavirus while other businesses aren’t.
On the other side of the spectrum are those that say allowing one business to open while not allowing another to open is against the Constitution of the United States and state law. Many believe that Roy Cooper is on the wrong side of the law in closing any business in the first place, much less picking and choosing which businesses can and can not open.
And apparently, the Cape Carteret Aquatic & Wellness Center owner is prepared to take this to court to set a precedent.
But therein lies the other problem.
Today, it seems that even judges in NC and across the country are willing to make judicial decisions based on politics rather than law.
Who believes that a judge in NC will decide this case based on the politics of Governor Roy Cooper while another judge will base her or his decision on constitutional law?
Let’s discuss it.
May 23, 2020 at 4:56 pm #1157Paul Jacobs@paul
If Walmart and Lowes Foods can be open, and swarms of people packed in to a closed area is allowed there, why not allow the gym to re-open?
This seems like a slope in to debauchery where certain political institutions use public emergency threats to take away basic constitutional protections to meet their agenda.
You simply can’t allow 25+ people to pack in to Walmart and then not allow 25+ people to pack in to the gym.
But you are right, if the judge hearing this is of Governor Cooper’s political persuasion, the citation and the judge’s decision will take hold.
And this is how civil unrest starts.
May 23, 2020 at 5:07 pm #1158Sharon Melton@sharon
This is yet another example of people not caring about right and wrong anymore, but making decisions based on Republican versus Democrat.
I am seeing half the country believing Coronavirus as a threat that could wipe out the world, while the other half believing that this is a health issue that really isn’t all that it’s made up to be. I also see “reputable” news organizations with experts contradicting each other. How can experts contradict each other if they are experts?
Each side is lodging threats and obscenities at each other then asking the other side to play nice.
I suspect the original poster is right, whoever has the task in the courts of deciding this matter is right-wing or left-wing, then the decision will be made on that rather than right or wrong. But, nonetheless it is good to see a strong woman business owner standing up for her rights and business.
May 23, 2020 at 5:15 pm #1159Tonya Brown@tonya
This will all be decided very shortly. If there is a rebound of deaths and illness related to the Coronavirus, then we will know that groups pushing reopening are wrong and they should be dealt with very seriously.
If we reopen and there is not a rebound of illness and deaths, then clearly the experts, Governor Cooper, and those opposed to reopening were wrong and they should be dealt with very seriously.
Any news organization, judge, Governor, or licensed doctor, nurse, or other expert who manipulates data to reach a political agenda is guilty of treason in my opinion, and this is regardless of Republican or Democrat.
Even if the gym owner is wrong, she is right in that one business can legally be allowed to have 25+ in it (Walmart) but another business can’t.
May 23, 2020 at 5:19 pm #1160Caroline Sebastien@caroline
I am on the side of Deanna McElmon only in that if one business can open and serve 25 people in a closed area then ALL other businesses should be allowed to as well.
But, I fully expect that it will result in the rebound of Coronavirus infections.
May 23, 2020 at 5:30 pm #1161Brandon H@acromonio
This is not unlike a bad marriage where two people have completely different views and are acting in ways to spite each other. In this case, everyone agrees that there has to be a divorce.
In this matter, there has to be a divorce but there is no mechanism for Republicans to divorce Democrats or vice versa. So, there will continue to be unrest and crazy social repercussions from the fighting.
As objective as I try to be in my quest to discover what is right and wrong in this issue of the pandemic and how we as humans have to respond, I don’t believe the average citizen will ever know what is truly happening because the news organizations, social media companies, judges, doctors, lawyers, nurses, politicians, and experts are acting on political ideology rather than the truth.
When the Cape Carteret Police Chief has to issue a citation and violation on a business owner and visibly does not want to, you know there is a huge problem looming.
None of us average citizens know what is really happening. We may be in a end of life pandemic or dealing with something much less sinister. But political correctness is the new law of the land.
May 23, 2020 at 5:49 pm #1162Bob McKenly@bob
The problem here is essential versus non-essential.
It seems the State of NC is saying that Walmart and Lowes Foods are essential (food) and that infections arising from these areas being open are OK or manageable, but gyms, fitness centers, and health clubs are non-essential to life.
But then a lot of people say why were the ABC stores open when liquor is not essential to life?
Arising from this is, the owner of the gym puts food in her mouth from her business being open, so one can make a case that Deanna McElmon’s open gym is essential to her life. It’s how she pays her mortgage and puts a roof over her head, pays for healthcare, and food.
We are in the throws of a human issue never dealt with before, and nobody really knowing the answer, compounding this is the political activist who just want to disrupt, resist, and cause chaos with their political enemies.
I suspect the Cape Carteret Police Chief knows from his education that this is THE perfect setup for civil unrest.
May 24, 2020 at 5:28 am #1163Jorge Martinmianakis@jormianakis
Why is it odd to me that the State of NC is basically saying that it is acceptable to get this virus at Walmart, Lowes, and other places, then spread it around the community, but it is not acceptable to get this virus at the gym and spread it around the community? It has the same overall detriment.
And I am a minority business owner who votes Democrat and believes that this lady is right on the mark in opening her business.
May 25, 2020 at 11:20 am #1167Jayson Hernandez@jayson
I saw where NC Representative Keith Kidwell out of Chocowinity and attorney Chuck Kitchen out of Raleigh will be spearheading a lawsuit on behalf of gyms, health clubs, and fitness centers. This same team helped to litigate successfully on behalf of churches and were in the process of doing the same for hair salons until Governor Cooper opened those with Phase 2.
Also, a segment of Reopen NC has formed and raised $20,000 to help with litigation so it looks like owner Deanna McElmon now has some legal weight behind her.
On the flip side, the media is reporting a sudden and significant surge in new Coronavirus cases. So far on social media right-wing groups are saying that the Coronavirus numbers are padded with bad news and left-wing groups are scoffing at that idea.
I live near the gym in Cape Carteret and can tell you that they were open when I went by there and there was no sign of law enforcement.
This will be interesting to watch how it plays out.
May 26, 2020 at 12:36 pm #1168Ken Brown@ken
May 26, 2020 – It was just announced that the Sports Center in Morehead City will join the lawsuit brought by Representative Keith Kidwell and attorney Chuck Kitchen. The Sports Center is not re-open yet, but there are plans to re-open this week despite the Phase 2 directive from Governor Cooper.
Also, no word if the Morehead City Police Department will also cite the owners of the Sports Center should they open under Phase 2.
May 27, 2020 at 11:33 am #1169Karen Smith@karen
How come Rep Kidwell is not immediately known in my mind, is he a new representative for Carteret, Craven, and Jones County?
May 27, 2020 at 11:36 am #1170Brandon H@acromonio
@karen No he is out of Chocowinity which is Beaufort County, but I guess he has taken it upon himself to advocate for businesses that are currently not allowed to operate and is working with the attorney out of Raleigh.
June 4, 2020 at 4:55 pm #1224Jayson Hernandez@jayson
Anything new on this?
June 24, 2020 at 6:23 pm #1226Carlie Jimenez@carlie
June 4: Governor Cooper continued phase 2 until at least July 17 and mandated mask wearing in public where social distancing is not feasible. He also added several industries where workers are mandated to wear mask at all times.
It will be interesting to see if after this executive order gyms and bars in North Carolina see enforcement measures to close them, or not.
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