Lincoln County restaurant owner fined after opening dining room despite Governor’s order

North Carolina

LINCOLN COUNTY, N.C. (FOX 46 CHARLOTTE) – A Lincoln County restaurant says they’re offering dine-in service starting Monday, despite Governor Roy Cooper’s statewide orders.

Lincoln County Board of Commissioners Chairman Carrol Mitchem posted on Facebook, saying his restaurant would be opening its dining area today.

The post was made Sunday evening, and stated that Mitchem’s Kitchen would open their dining room for customers starting at 7 a.m.

As of right now, Gov. Cooper’s orders state that restaurants can only serve curbside and to-go.

After receiving complaints from the general public and conducting an investigation later in the day, the Lincoln County Sheriff’s Office announced that a citation was issued to Mitchem for openly violating North Carolina Executive Order 138.

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“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 Bill Beam said. “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.”

Mitchem has a court date scheduled for Wednesday, Sept. 9.

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