Srare or NortH Carouina OrFice OF THE GOVERNOR Roy Coorer Governor April 16, 2020 The Honorable Danny Britt North Carolina State Senate 300 N. Salisbury Street, Rm. 525 Raleigh, NC 27603 The Honorable Warren Daniel North Carolina State Senate 300 N. Salisbury Street, Rm. 627 Raleigh, NC 27603 Dear Senators Britt and Daniel: Thank you for your letter dated April 15, 2020. In that letter, you write to seek the Governor's clarification as to whether protests have been prohibited under the Governor's executive orders issued in response to the COVID-19 pandemic. The answer to your question is no. Protests have not been prohibited. However, they are subject to well-settled law which allows for the imposition of reasonable time, place and manner restrictions. See e.g. Ward v. Rock Against Racism, 491 U.S. 781, 791 (1989); Rules of State Legislative Building and Legislative Office Building adopted by the Legislative Services Commission, Art. Ill, Seo. C(2), (4) (Dec. 19, 1984 and restated May 15, 2014) (prohibiting the disturbance of the General Assembly and signs on handsticks at the General Assembly). In this instance, such protests are subject to the restrictions set forth in Executive Order No. 121, 34 N.C. Reg, , Which was issued on March 27, 2020 and entitled Stay At Home and Strategic Direction For North Carolina In Response To Increasing COVID-19 Cases. As you are well aware, the restrictions set forth in that Executive Order are the primary tool we have to fight the spread of COVID-19. Section 1 of Executive Order No. 121 orders all North Carolinians to stay at home with exceptions for engaging in essential activities. Such essential activities include participating in outdoor activities, including, but not limited to, volunteering with civic groups, Section 3 of Executive Order No. 121 prohibits mass gatherings of no more than 10 persons. 20301 Mau. Seevicr Crxvren # Rattan, NC 27699-0301 + Teerwone: 919-814-2000Read together, Sections 1 and 3 of Executive Order No. 121 provide room for protests to continue, just as they allow for the expression of other First Amendment liberties, including the free exercise of religion and the right to a free press. Without question, the challenges and impacts brought about by the COVID-19 pandemic have been unprecedented in modern times, both within North Carolina and across the country. The Governor has taken bold and decisive actions consistent with his constitutional authority and the State Emergency Management Act to confront this public health emergency. The people of North Carolina have responded by coming together to help one another and have demonstrated remarkable resolve in the face of this significant public health threat. The Office of the Governor will continue to work with you and other members of the General Assembly to deal with this emergency, Thank you for your interest in this issue Regards, Z4 Lee Lilley Director of Legislative Affairs Office of Governor Roy Cooper LLUcs