Six Outer Banks property owners have filed a federal lawsuit against Dare County claiming their constitutional rights have been violated by an emergency order preventing access to their homes.
The suit, filed Tuesday in the U.S. District Court for Eastern North Carolina, was brought by John P. Bailey, Paul W. Michael Jr., his wife Sheryl S. Michael, E. Thompson Brown, Todd A. Edgar and his wife Babette S. Edgar.
The Michaels and Brown, who live in Virginia, use their properties in Dare County as second homes, while Bailey and the Edgars use their homes as rentals. Bailey lives in South Carolina and the Edgars in Maryland.
“This action is brought by plaintiffs who seek to protect their right to travel, to engage in a common calling or occupation, and to obtain medical treatment as is guaranteed to them as citizens of the United States” by the U.S. Constitution, the suit reads.
On March 20, the Dare County Control Group — a multi-jurisdictional policy-making body that assumes a leadership role for the entire county during emergencies — amended a March 17 emergency declaration restricting visitor access to include non-resident property owners. Law-enforcement checkpoints have been established at both bridges into Dare County to help prevent the spread of coronavirus.
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22 comments:
Obviously the plaintiffs will prevail! County may even back down.
I subscribe to OBX news. The latest update. Courts are closed State wide in North Carolina. What does that do to this lawsuit. Sometimes you just can't win.
So during a national shutdown they found a lawyer and a court clerk to allow this crap to even be written and filed, what a waste, they all should be fined for violating the stay at home order!
Poor Babys can't get to their summer getaways !!! Spoiled Rottens will Live
Yuppys who have two homes have no room to cry !!! Whoooooo Hoooooo
This entire event is a lawyers DREAM.
Sad but true.
There's common sense and then there's the law. Sometimes they are not the same but if we let common sense prevail it leads to a very slippery slope. Hey, we are only going to fudge on the law just a little bit but then it's a little bit more and a little bit more and the first thing you know everybody is just ignoring the law altogether.
Good for them.
And stores are forbidding anyone to buy seeds to develop there own gardens??? Farmers are dumping hundreds of gallons of milk, also polluting the sewers and land
This is the beginning of the end
They should just get over themselves.
The locals have long memories. Good luck getting your screens replaced or a new shingles after a storm.
I agree 10:31, they should not be denied access to their property. However they should use common sense and stay put (voluntary) for a while.
11:11 - Farmers may be dumping milk, but not in the sewers, and how can something we consume pollute the land. Go back to the city.
Welcome to Nazi America
They should be glad they got $$$ & Two or more homes & quit Wining !!!!
The poor in America are lucky to ever have One home !!!
Let mine be violated here in Wicomico and I'll be spending the stimulus check to hire a lawyer. I care not about the virus rhetoric at all. I will sue and bankrupt the city and appeal it until there is no where else to go with it with no compromise. I will not be swayed in the slightest by talk of how bad I am or that I have no chance.
For those supporting these measures ask yourself if they stated it was a 5 year lockdown would you be okay with it? Then understand why I'm not okay with indefinite home confinement.
A lot of people have more than one home. I did when I lived in Fruitland. One in DC area and Fruitland. I paid Maryland taxes on both - should be able to use both. I got stick with two because of Obama's bad economy. Market was dead. Thank God I could afford two. What's your story?
Why not donate milk?
Most of these homes are investments. Wouldn't you be concerned about your investment? Oh I see - you don't think past your weekly paycheck - if you even get one.
I own a house on the outer banks . Bought years ago as an investment. I respect the local government for trying to keep the virus out. I don't need to go there until this is over. However I have spoke with a few locals and they are hurting as well . They rely on the out of town business. The lawsuit will not help anyone.
1:14
And the dumbocrat governors are doing this.
So, when the visitors get sick, send them home to their own hospital.
Been going down to Hatteras since the 1970's. I respect how Dare County has been handling this. Not a local, not gainfully employed on the Outer Banks, your @ss ain't getting over the bridge. Sheriff's got it locked down, for the good of those on the island.
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