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Where’s my REGULATION Carolina Journal? ROLLBACK DEAR FRIENDS AND In policy fight against SUPPORTERS, hank you for your loyal readership. The coronavi- rus has rocked the econ- COVID-19, less is more omy and our daily lives. With Tevents surrounding the crisis of more than 100 people — evolving rapidly, the shelf life then shrank the number of our news is sometimes mere to 50 within a week. Races hours. As a result, we’ve put and concerts were canceled. more resources toward publish- Schools shut down. Dining ing news and updates immedi- KARI TRAVIS rooms in restaurants and pri- ately online. Because of this, for ASSISTANT MANAGING EDITOR vate clubs closed under exec- the first time in 20 years, CJ read- utive order. ers won’t get a hard-copy edition North Carolina’s path for- of the newspaper in April. nprecedented times ward is paved with sensi- We’ve done some of our most call for unprece- ble policies, JLF experts say. important work since the March dented measures. So As the state is overwhelmed print CJ came out, as you can North Carolina’s leaders and with more than 100,000 see with our continual cover- Ulawmakers say of the fight claims for unemploy- age of COVID-19 at https://bit. against coronavirus. That’s ment insurance and hun- ly/2WN8MXa. true, say a group of research- dreds of residents test posi- Besides printing a month- ers from North Carolina’s tive for COVID-19, boosting ly newspaper, we publish break- John Locke Foundation. But free-market solutions is the ing, in-depth news and commen- those unprecedented mea- best way to ensure both pub- tary every day at CarolinaJour- sures should involve less bu- lic and economic health. nal.com. We send daily updates reaucracy, regulation, and “What makes a free so- by email (sign up at https://bit. government red tape. ciety so formidable is that ly/2QOz8o3). We’re active on On March 10, Gov. Roy it lets more people in on the Twitter, Facebook, and LinkedIn. Cooper declared a state of fight,” said Jon Sanders, JLF’s We felt it was more important to emergency. In the days af- get you the accurate news you continued PAGE 8 ter, he outlawed gatherings need and get it quickly. This wasn’t an easy deci- N.C. CORONAVIRUS TIMELINE sion. But we believe it’s the right PAGE 11: A detailed look back at North Carolina’s one. We welcome your feedback. response to the coronavirus outbreak As always, thank you for put- ting Freedom First and support- CORONAVIRUS POLL ing our work. PAGE 2: Civitas Institute and Harper Polling surveyed 500 likely state voters regarding their opinions on Covid-19 Rick Henderson, Editor-in-Chief; Amy O. Cooke, Publisher

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FROM THE PUBLISHER North Carolinians Freedom’s moment in time: ‘Now go out on the Coronavirus

there and take it’ Coronavirus and Media PUBLISHER How closely are you following the news about Amy O. Cooke coronavirus? @therightaoc ◼ FOLLOWING VERY CLOSELY...... 74% EDITOR-IN-CHIEF FOLLOWING SOMEWHAT CLOSELY.....20% Rick Henderson ◼ @deregulator ◼ NOT VERY CLOSELY...... 4% ◼ UNSURE/REFUSED ...... 1% MANAGING EDITOR John Trump @stillnbarrel

ASST. MANAGING EDITOR Level of Concern Kari Travis Taking into consideration both your risk of @karilynntravis contracting it and the seriousness of the illness, how worried are you personally about EXECUTIVE EDITOR experiencing coronavirus? Don Carrington 22% [email protected] ◼ NOT WORRIED AT ALL...... ◼ NOT VERY WORRIED...... 29% ASSOCIATE EDITORS ◼ VERY WORRIED...... 17% Julie Havlak ◼ SOMEWHAT WORRIED...... 31% @juliehavlak ◼ UNSURE/REFUSED ...... 1% Mitch Kokai ust days ago, the term social take comfort in each other out of @mitchkokai distancing hadn’t entered our fear of transmission. I’m a hugger, Lindsay Marchello lexicon. The Angus Barn was and I haven’t touched a person in Coronavirus and Trump @LynnMarch007 my new favorite restaurant. I en- more than a week. Do you approve or disapprove of the Trump J administration’s handling of the coronavirus joyed my investment statements, In a matter of days, our state JOURNALISM FELLOW outbreak? and my biggest concern for the went from reveling in an eco- Brooke Conrad baseball season was whether the nomic renaissance to the fear of STRONGLY APPROVE...... 38% Colorado Rockies would trade economic insecurity, with tens of ◼ DESIGNER SOMEWHAT APPROVE...... 15% Nolan Arenado. thousands of North Carolinians ◼ Greg de Deugd ◼ STRONGLY DISAPPROVE...... 32% [email protected] Now? Social distancing domi- wondering how they’ll pay their nates our lives. The Angus Barn rent and buy groceries. ◼ SOMEWHAT DISAPPROVE...... 9% UNSURE/REFUSED ...... 6% PUBLISHED BY is closed, except for takeout. The Even with the economic uncer- ◼ stock market has tanked. I’m tainty, a recent poll from sister imagining a summer without the organization the Civitas Institute Harper Polling, on behalf of Civitas Institute, surveyed 500 likely state voters March 15-17. The margin of error is plus or “Boys of Summer.” And I’m one of reflects North Carolina’s optimism. minus 4.38%. Results may not add up to 100% due to rounding. The John Locke Foundation the lucky ones. Likely voters are concerned about The coronavirus crisis has been COVID-19, but not panicked. 4800 Six Forks Road, #220 jarring. We’re all justifiably wor- But there’s something more Raleigh, N.C. 27609 ried about our families, friends, (919) 828-3876 • Fax: 821-5117 continued PAGE 20 and communities. We can’t even www.JohnLocke.org John Hood Chairman COMMENTARY BY JOHN HOOD Bill Graham, John M. Hood Ted Hicks, Christine Mele, Rodney C. Pitts, Paul Slobodian Easy grades produce David Stover, Edwin Thomas Board of Directors hard landings ISSN 2578-8167 Carolina Journal is a monthly journal of news, analysis, and commentary on state and local government and public policy issues alt Disney was no ence. In education, for example, in North Carolina. stranger to adversity. there’s a growing empirical case He grew up in a large, for the proposition that if we ask ©2020 by The John Locke Founda- tion Inc. All opinions expressed in by- itinerant family of modest more of our children instead of lined articles are those of the authors Wmeans. His first film studio went trying to protect their suppos- and do not necessarily reflect the bankrupt. But Disney never edly fragile egos, they are more views of the editors of CJ or the staff and board of the John Locke Founda- gave up, and he never stopped likely to enjoy success in school tion. Material published herein may learning from his mistakes. and beyond. be reprinted as long as appropriate “All the adversity I’ve had in A new study of grading prac- credit is given. Submissions and let- ters are welcome and should be di- my life, all my troubles and ob- tices right here in North Carolina rected to the editor. stacles, have strengthened me,” has gained significant national Disney once said. “You may not attention. Seth Gershenson, an To subscribe, call 919-828-3876. Readers also can request Carolina realize it when it happens, but a associate professor at American Journal Weekly Report, delivered kick in the teeth may be the best University’s School of Public each weekend by e-mail, or visit thing in the world for you.” Affairs, looked at the records of CarolinaJournal.com for news, links, Celebrating the virtue of per- some 350,000 N.C. eighth- and Learn more about our response to COVID-19 and exclusive content updated each Visit johnlocke.org for a series of articles detailing the free market solutions weekday. Those interested in educa- severance may sound old-fash- ninth-graders enrolled in the proposed by the John Locke Foundation that are already being implemented by tion, economics, higher education, ioned. In reality, it’s a sound health care or local government also continued PAGE 21 North Carolina leaders. can ask to receive weekly e-letters application of modern social sci- covering these issues. CAROLINA JOURNAL // APRIL 2020 3 CJ BRIEFS Legislation targets licensing requirements that bar veterans from working

egulations are hurting veter- BY THE NUMBERS plication process results in lost in- ans’ ability to transition in- come for the family and lost tax to civilian life in North Car- 707,000 revenue.” olina, a study by the General As- Number of veterans in North It can also harm veterans’ ca- sembly’s Program Evaluation Divi- Carolina. N.C. boasts the seventh- reers. Some 37% of employed vet- R largest number of veterans in the sion says. United States. erans considered themselves un- The division recommended re- deremployed, according to a 2017 forming occupational licensing survey conducted by Iraq and Af- barriers that prevent veterans from ghanistan Veterans of America. working. It proposed draft legisla- in the nation. Some 707,000 vet- And military spouses earn an es- tion that would help veterans and erans and 86,000 active-duty mili- timated $12,374 less than their ci- military spouses qualify for an oc- tary spouses live in this state. It is vilian counterparts each year, cost- cupational license with military home to six military bases, includ- ing them nearly $190,000 over a training or out-of-state licenses. ing the world’s largest, Fort Bragg 20-year military career. The draft bill would create a 30- in Fayetteville, with some 52,000 Advocates hope to free veter- day expedited process for veterans active-duty troops. ans from those regulatory barri- and military spouses who applied That transition isn’t always ers by creating an expedited ap- for a license. It also would require smooth, and occupational licen- plication process. Creating an ex- licensing boards to report the num- sure can make it harder, veterans’ pedited application process would ber of military applicants accepted advocates say. Applicants can’t tackle the last recommended “best and rejected. work while waiting for their appli- practice” from the U.S. Department The chairs of the Joint Legisla- cation to be processed, so they lose of Defense. North Carolina already tive Program Evaluation Oversight potential income. provides temporary or provision- Committee didn’t say whether “It can be time-consuming and al licensure for military spouses, they would sponsor the draft bill in costly to have a license recognized and it allows licensure by endorse- the General Assembly, but co-chair in a new state,” the report says. ment. But it hasn’t addressed the Rep. Craig Horn, R-Union, said he “For military spouses, frequent third best practice recommenda- GUARD NATIONAL SWANSON/AIR THOMAS SGT. TECH. strongly supports the reform. moves between states often mean tion — yet. LICENSING REFORM. Members of the National Guard attend a job and intern- North Carolina boasts the sev- reapplying for licensure every few ship fair. The General Assembly’s Program Evaluation Division recommended reforming occupational licensing barriers that prevent veterans from working. enth-largest number of veterans years. With every move, the reap- CJ Staff Reports

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Folwell says prudent North Carolinians get more time to apply for REAL ID PRESIDENT TRUMP management has helped state has given the N.C. Division of Motor Vehicles and its counterparts across the nation a pension weather economic jitters welcome reprieve. Trump on March 23 said Wash- ears of a global economic yields then resumed their fall. ington will push back the Oct. 1, slowdown, fueled in part by Global panic over the corona- 2020, deadline for enforcement of the coronavirus outbreak, virus dragged the state pension REAL ID due to coronavirus con- took a $4.2 billion chunk out of plan’s equities down 11% from cerns. FNorth Carolina’s state pension their mid-February peak. Folwell The deadline extension means plan. himself tested positive for the there’s no great rush for North Car- The coronavirus has sent coronavirus later in March. He olinians to obtain IDs, DMV spokes- stocks tumbling worldwide. quarantined himself while recov- man Steve Abbott said. Anyone North Carolina’s pension plan ering from COVID-19. who already owns a REAL ID in the is more conservatively Decades of conser- form of a passport or military ID managed than most, vative management doesn’t need a new driver’s license, so it slid only 3.9% have protected the although some people may want to from its unprec- state’s pension in- get one so they don’t have to carry a edented $107 vestments from passport on domestic flights. billion peak in unexpected mar- The REAL ID Act was passed

mid-February. ket jolts. North in 2005 to create a federal identifi- IMAGE STOCK “The N.C. Carolina’s state cation standard in response to the REAL ID. The deadline extension means there’s no great rush for North Carolin- pension plan is plan is “especial- 9/11 terror attacks. Several states ians to obtain IDs from the N.C. Division of Motor Vehicles. one of the saf- ly well” prepared to objected to the law when it was est and most secure weather another re- first passed, and the Department of plans of its type in the cession, according to a Homeland Security has repeated- REAL IDs since late 2017 and would receive electronically the neces- U.S.,” State Treasurer Dale Fol- stress test by Pew Charitable ly extended the deadline over the have needed to issue another 1.8 sary documents, including the ap- well said during his monthly “Ask Trusts. years. million to 2.4 million within seven plicant’s birth certificate and Social Me Anything” teleconference “We do not manage this plan When the REAL ID mandate months, per the department’s most Security card. NCDMV officials de- March 3. in anticipation of viruses and vol- takes effect, Americans must show recent estimate, Abbott said. cided an electronic system wasn’t The end of February sent the atility that none of us have ever a REAL ID card to board domes- Trump’s announcement came worth it. The federal government stock market to its worst week seen in our lifetime,” Folwell said. tic flights, enter federal buildings, after a request from governors still requires applicants to visit the since the 2008 financial crisis. “We don’t gamble with the money or enter a nuclear power plant. across the country. In a letter to the DMV in person with the required The Federal Reserve announced of those who teach, protect, and Forms of Real ID include passports Department of Homeland Security, documents. DMV officials may save the first emergency interest rate serve, and we don’t have a crystal and military ID. They also include the National Governors Association a few minutes scanning the docu- cut since the Great Recession, but ball. This cash cushion kept the state-issued driver’s licenses fea- urged an extension of the REAL ID ments themselves, but they’d still the ensuing market rally lasted plan from losing billions of dollars turing a yellow star in the top right program for “no less than one year.” have to verify the applicant’s phys- only 15 minutes. Stocks and bond more than it would have.” corner. DHS tried to help expedite RE- ical documents with the ones sent NCDMV has issued 1.8 million AL IDs in February by letting DMV electronically.

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FACTS www.johnlocke.org/podcast CAROLINA JOURNAL // APRIL 2020 5 CJ BRIEFS No complaints: N.C. ABC Commission moves New Civitas poll breaks down forward on rule for spirits tastings in stores residents’ thoughts about

pirits tastings in N.C. ABC coronavirus pandemic stores have gone on with- out complaint or problem REGISTERED DEMOCRATS since September, when lawmakers are Samended state rules governing li- more likely to worry about the quor. coronavirus than are Republicans, Some 50 boards — 140 or so a new poll from the right-leaning stores — around the state have al- Civitas Institute shows. 51% AREN’T WORRIED lowed tastings, with about 600 Harper Polling, on behalf of While 51% aren’t worried more scheduled, said A.D. “Zander” Civitas Institute, surveyed 500 about COVID-19, 48% are Guy, Alcoholic Beverage Control likely state voters March 15-17. concerned about the virus. Commission chairman. The margin of error is plus or mi- Guy presided over a meeting nus 4.38%. of the commission March 11, in The poll release arrived just which the board began the process as the state’s share of corona- of making the tasting rules perma- virus cases reached 137. To try dent Trump and Gov. Roy Coo- nent. The proposed rules will be to slow the spread of the virus, per above water in approval rat- filed with the Office of Administra- Gov. Roy Cooper had ordered all ings.” tive Hearings for publication in the public schools to close for two Some groups are more con- N.C. Register, and a public hearing weeks. (He later extended the cerned about the virus than oth-

is planned during a meeting of the TRUMP JOHN BY PHOTO CJ closings to mid-May.) The gov- ers. Sixty percent of registered commission May 13. A public com- TASTINGS. Gov. Roy Cooper, flanked by lawmakers and distillers, signed Senate prohibited mass gatherings and Democrats are worried about ment period of at least 60 days will Bill 290 on July 29 at Graybeard Distillery in Durham. ordered restaurants and private the virus, compared to 43% of follow. clubs to restrict service to take- unaffiliated voters and nearly The ABC also ratified 86 hearing out and delivery. 38% of registered Republicans. cases resulting in penalties of more such as people hopping from store A large majority of respon- Women are more likely than than $103,000 and/or imposition The tastings to store and becoming intoxicated. dents are tuned in to COVID-19 men to be concerned. of suspension of permits for three Guy pointed to Bryan House, coverage. Nearly 75% said they A little more than 50% of re- days or more. provision was part N.C. Alcohol Law Enforcement di- are very closely following the spondents think the Trump ad- The tastings provision was part of Senate Bill 290, rector, to ask whether he’s had re- news about the pandemic, but ministration is doing a good job of Senate Bill 290, originally filed ports of problems or any compli- 20% are only somewhat close- handling the pandemic, but 41% as the Distillery Regulatory Reform originally filed cations associated with store tast- ly paying attention to the cov- disapprove. Bill, which became law July 29. The as the Distillery ings. erage. Republicans and Democrats bill brings rules governing N.C. craft “No sir, we have not,” House While 51% aren’t worried are divided on how well the distillers more in line with those Regulatory Reform said. “As far as I’m aware, we hav- about COVID-19, 48% are con- Trump administration is han- followed by the state’s breweries Bill, which became en’t even received any complaints.” cerned about the virus. dling the pandemic. and wineries. One of the biggest aspects of “Unsurprisingly, North Caro- Nearly 90% of Republicans Most provisions in the law be- law July 29. S.B. 290 allows distilleries to sell an linians are concerned about the approve of how the Trump ad- came effective Sept. 1, including unlimited number of bottles direct- COVID-19 outbreak,” said Ci- ministration has responded to the tastings, which are contingent ly to customers and frees distilleries vitas Institute President Don- the viral outbreak, but Demo- on local approval and must be held area. from the onerous process of track- ald Bryson in a news release. crats are significantly less as- between 1 p.m. and 7 p.m., for no As the General Assembly debat- ing and policing every bottle sold to “The heartening piece of data sured. Only 26% of Democrats more than three hours. ed S.B. 290, some lawmakers offered customers. is that voters are showing faith think the Trump administration Lawmakers also eliminated a re- ominous warnings about tastings The law also allows distilleries in executive leadership, regard- is doing a good job handling the quirement that consumption of the — little more than a splash of li- to sell mixed drinks, as well as beer less of party, with both Presi- ordeal. tastings be limited to a designated quor — leading to myriad problems, and wine, with appropriate permits.

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A visual exploration of the current N.C. budget: How does state government get its money? How does it use that money? How has that changed over time? And how might that change in the future? 6 CAROLINA JOURNAL // APRIL 2020 ELECTIONS NCFREE briefing sheds light on Super Tuesday’s role in fall campaign

BY LINDSAY MARCHELLO combe, was the presumptive fa- the U.S. Senate showdown between vorite in the Democratic prima- Republican incumbent Thom Tillis tate Republicans and Demo- ry for lieutenant governor, but Rep. and Cal Cunningham, a Democrat. crats should hold onto their Yvonne Lewis Holley of Wake Coun- The U.S. House 9th District race money until they know the ty earned 26% of the vote to Van between Republican Dan Bishop Democratic nominee for president, Duyn’s 21%. Since no one got more and Democrat Cynthia Wallace is a SAnna Beavon Gravely, executive than 30% of the vote, a runoff was race to watch. director of the N.C. FreeEnterprise possible. Van Duyn eventually de- Last year’s special election, Foundation, said during a post-pri- cided against seeking a runoff. which saw Bishop defeat Demo- mary briefing. Despite a crowded field, the Re- crat Dan McCready, was one of the Former Vice President Joe Biden publican primary for lieutenant most expensive races in the coun- had a good night on Super Tuesday, governor ended up with a clear win- try, Gravely said. winning 10 states, including North ner and a relatively unknown politi- It drew a lot of attention both Carolina. cian in Mark Robinson. inside and outside the state, and The best scenario for Democrats Super Tuesday also featured will likely do so again. in North Carolina would be if Biden some upsets, with a few incum- The races for state treasurer and wins the Democratic nomination, bents losing their primaries. state superintendent of public in- Gravely said. The Democratic primary for struction are also worth watching, He has been speaking to a de- House District 43 proved to be a Gravely said. mographic reflected in North Caro- rock-star race, Gravely said. The Democratic primary race for lina’s population. Six-term incumbent Rep. Elmer state treasurer was one of the clos- Biden appeals to a more moder- Floyd, D-Cumberland, lost his pri- est races of the night. Ronnie Chat- ate, older crowd. Conversely, Ver- mary to Kimberly Hardy, a social terji was able to secure 35% of the mont Sen. Bernie Sanders appeals worker. vote and will go on to face Republi- to younger voters and is a self-de- Floyd’s district was changed can incumbent Dale Folwell. scribed socialist, Gravely said. dramatically by redistricting, Jen Mangrum won the Demo- Sanders has vowed to stay in the Gravely said. cratic primary for state superinten- Democratic race despite Biden’s re- CARRINGTON DON BY PHOTO CJ The Republican primary for Sen- dent with around 33% of the vote. cent wins. EYES ON NORTH CAROLINA. North Carolina is the only state in the nation with ate District 29 also resulted in an up- The UNC-Greensboro professor will Fourteen states, including new congressional and legislative maps. set. Incumbent run against Catherine Truitt, chan- North Carolina, held their primaries Sen. Eddie Gallimore, R-David- cellor of Western Governors Univer- during Super Tuesday. The Tar Heel son, was defeated by Rep. Steve Jar- sity North Carolina. Truitt was a top State was one of the most watched vis, R-Davidson. Jarvis outraised education adviser to former Repub- of the night. Gravely said. feated Rep. Holly Grange, R-New Gallimore and had a higher score lican Gov. Pat McCrory. North Carolina is the only state Some races were fairly predict- Hanover, by earning nearly 90% of than the senator in NCFREE’s Legis- Gravely also recommended in the nation with new congressio- able. It was no surprise Gov. Roy the vote in the race for the Republi- lative Business Rating. watching the races for House Dis- nal and legislative election maps. Cooper would emerge as the Demo- can gubernatorial nomination. Several races will be worth tricts 19, 82, 74, 98, 103, and 119. “There will continue to be more cratic nominee, defeating challeng- Other races were more of a sur- watching in November, Gravely She’s also following the closely con- eyes on North Carolina and more er Ernest Reeves by a wide margin. prise. said. The list includes races for gov- tested contests in Senate Districts money coming into the state,” Similarly, Lt. Gov. Dan Forest de- Sen. Terry Van Duyn, D-Bun- ernor and lieutenant governor and 3, 9, 17, 18, 24, 27, and 37.

TransformingFIRST Ideas IN into ConsequencesFREEDOM for North Carolina

In First in Freedom the John Locke Foundation’s president and research staff apply the timeless ideas of 20th-century conservative thinkers to such 21st-century challenges as economic stagnation, tax and regulatory burdens, and educational mediocrity.

Available at: ● PASSIVE CONSUMPTION 41% ● INTERACTIVE CONSUMPTION 37% JohnLockeStore.com ● COMMUNICATION 14% ● CONTENT CREATION 3% CAROLINA JOURNAL // APRIL 2020 7 HIGHER EDUCATION Budget stalemate leaves community college pay stuck in neutral

BY JULIE HAVLAK lina Demography and the John M. Belk Endowment. sheville-Buncombe Techni- Community colleges say they cal Community College has could help meet that need with- food pantries on its campus- out saddling students with massive es — for its teachers. loans. AFull-time professors at North But general funding for commu- Carolina’s community colleges earn nity colleges is calculated according less than K-12 teachers. Their aver- to enrollment of past years — not age pay is $51,478 — some $2,500 the enrollment colleges actually ex- less than the average salary of K-12 pect. Prosperous years have blight- teachers — and community col- ed community colleges, since en- leges say that’s not enough to hire rollment traditionally grows during or keep teachers. recessions and shrinks during eco- North Carolina boasts the na- nomic growth. Enrollment was in a tion’s third-largest community col- steady decline until fall 2019, when lege system, with 58 community it rose by an average of 4.4% across colleges serving 700,000 students. N.C. community colleges. But the state ranked just six plac- “We’re already living close to es from rock bottom in the nation the bone anyway, and so when you for how it pays its community col- experience financial stress, it be- lege teachers. Now, those employ- comes critical very quickly,” said ees hope to see a 5% raise passed Tim Wright, Wilson Community during the General Assembly’s College president. “And communi- short session in late April. ty colleges are the primary means Full-time teachers made an av- by which people are able to access erage $43,382 at Piedmont Com- opportunity in many, many commu- munity College in 2019. That aver- nities.” age pay jumps to $57,365 at John- TRAVIS KARI BY PHOTO CJ The vetoed 2019-20 budget in- ston Community College — which COMMUNITY COLLEGES. Peter Hans, right, visits a community shelter at Lenoir Community College in Kinston in Sep- cluded a 4% raise for community ranked first for its salaries in 2018- tember 2018. At the peak of Hurricane Florence, 500 displaced residents were sheltered on the campus. college employees, but the raise re- 19. mains caught in the budget stale- “It’s really heartbreaking, that mate between the Republican leg- this is reality our faculty and staff islature and Gov. Roy Cooper. Com- face,” said Beth Stewart, A-B Tech Things are especially bad in short-term programs address their tional, part-time students gradu- munity college leaders now hope vice president of instructional ser- short-term work force training, needs affordably, accessibly,” said ate, and delays are partly respon- to give their employees a 5% raise, vices. “Unless the state as a whole which community colleges credit Peter Hans, N.C. Community Col- sible, said Marie Cini, president of which would cost $62 million. makes a commitment to doing more for their first enrollment increase in lege System president. “They can the Council for Adult and Experien- “We feel it’s a reasonable re- for the community college facul- almost a decade. Businesses often get a skill, get a job, and provide tial Learning, a national nonprofit quest,” Hans said. “It’s a big price ty and staff, our hands are pretty poach their instructors, sometimes for themselves and their family. It’s consultant. tag, but it’s a great investment in much tied.” by doubling their salaries. one rung on the ladder.” “Momentum will keep you go- our hard-working faculty and staff.” Job positions remain open for “We have been struggling for At Wake Tech, the waitlist for ing,” said Cini. “But if this course A spokeswoman for Senate months, sometimes years. A-B years in this area,” said Scott Ralls, the school’s automotive program is I’m supposed to be taking gets can- leader Phil Berger, R-Rockingham, Tech buffed its job descriptions and Wake Technical Community Col- almost as large as the program it- celed because there’s no one to says Berger supports giving com- beefed up its benefits — often to no lege president. “Just this morning, self. Ralls plans to double the size teach it, I will be angry as a stu- munity college teachers a raise, but avail. And as more teachers near we lost a key, key position because of the program to meet student de- dent, expect better, or give up, he remains uncertain whether Coo- retirement, Stewart worries a “sil- we can’t even get close to the sala- mand, but he worries about recruit- thinking I’ll come back in the fall. per would sign a bill giving raises. ver tsunami” will sweep away irre- ries offered. … They’re uniquely un- ing instructors. He says people of- And often [students] don’t. It’s an “I’ve long thought that we placeable staff. derfunded.” ten laugh at his salary offers. interruption, and their lives start should spend more on community “The cost of living in Asheville That means students aren’t get- “If we’re paying them 50% of all over again. It’s particularly dif- colleges,” said Terry Stoops, John is outrageous,” Stewart said. “If ting the classes they need. Ironical- what they would make doing the ficult.” Locke Foundation vice president we’re not paying enough, it doesn’t ly, education is often most inacces- job, that’s a challenge,” Ralls said. As more industries require and director of education studies. really matter. … People have to live.” sible in the very fields that offer the “It affects students when they end skilled labor, work force education “Our community college system is To hire a teacher, communi- most well-paid jobs. up on a waiting list instead of a beyond high school is critical. Busi- the most underfunded system of ty colleges must compete with “If I need to be reskilled or up- classroom.” nesses will need more than 665,000 education in N.C. Given how much each other, private universities, skilled, I don’t have two, three, four But avoiding delays is critical, North Carolina adults to earn a cre- economic impact it has for the businesses, and even public K-12 years to do that. I need to provide especially for part-time students. dential or degree by 2030, says a re- state, it seems we would get a great schools. for myself and my family. These Fewer than a quarter of nontradi- port from UNC-Chapel Hill’s Caro- return on investment.”

www.carolinajournal.com 8 CAROLINA JOURNAL // APRIL 2020 COVID-19 In policy fight against COVID-19, less is more continued from PAGE 1 It’s time to consider waiving other nonessential trips to govern- ment buildings, Sanders said, and director of regulatory studies. “It waiting in long lines at the Division doesn’t wait for the central gov- of Motor Vehicles and other govern- ernment to move, and it certainly ment offices is a risk worth recon- doesn’t lock the private sector out.” sidering. JOBS AND THE “Services and payments can be made online, but people should ECONOMY be given the benefit of the doubt if they cannot.” RECOMMENDATION: Lift ABC On March 20, Cooper issued an rules against to-go cups to executive order postponing DMV help restaurants and bars hurt hearings that can be “reasonably by Cooper’s edict and allow delayed.” breweries, distilleries, and wineries The order also waived some to deliver bottles commercial driver’s license require- ments to make sure school buses WHY: To provide additional sales could be used to respond to the cri- revenue to embattled restaurants sis and called for limited appoint- and bars under a carry-out/drive- ments and some closures at smaller through/delivery order DMV offices. The order doesn’t go far enough, Getting a burger for carryout Sanders said. from your local sports bar? You “Suspending license and regis- can’t order a cocktail to go with it. tration expirations for a certain pe- Not right now, anyway. riod, such as six months, would help Restaurants are still allowed reduce the volume of people visit- to provide takeout under Cooper’s ing the remaining offices still open. executive order, and that’s great, It just makes sense.” Sanders said. But thanks to North Carolina’s Alcoholic Beverage Con- HEALTH CARE trol laws, a bartender or restaurant server can’t pour spirits into a to-go RECOMMENDATION: Repeal container. certificate-of-need laws Restaurants should be allowed to serve up alcoholic drinks for WHY: Other states have, and takeout or delivery, the N.C. Restau- health regulations that stand in rant and Lodging Association said the way of providing services in in a recent package of policy rec- a health emergency aren’t worth ommendations. As restaurants and keeping bars struggle to keep even minimal staff working curbside food options, hospitality workers need all the In the face of coronavirus, needs breaks they can get. are straightforward. Sick people It’s a good idea to let restau- need care. Some may even require rants sell all types of alcohol to go hospitalization. But hospitals may in closed containers, Sanders said. need more beds. “People are going to miss a good That’s not an easy fix in North mixed drink, and some establish- Carolina, where certificate-of-need ments have their own signature laws dictate how much medical drinks,” Sanders said. “Others may equipment a facility is allowed to serve local beers on tap that aren’t buy. In March, the state temporarily available in manufacturers’ take- lifted restrictions on hospital beds WHY: Licensure keeps out needed home containers. Plus, if you’d care “Last year, Arizona became should. But that’s what occupa- due to the threat of coronavirus. health professionals and other to support your favorite local estab- the first state with universal li- tional licensing does.” The measure helps hospitals workers and raises prices on lishment right now, getting a drink cense recognition,” Sanders said. meet community needs without the people with your meal can’t hurt.” “It directs the state’s occupation- permission of a Raleigh-based gov- The prohibitions don’t make al licensing boards to recognize li- ernment board, said Jordan Roberts, RECOMMENDATION: Give sense under the circumstances, he If you’re a nurse in Virginia, you censes from other states rather JLF health care policy analyst. extensions for expiring driver’s said, and lifting them could help don’t suddenly lose those skills by than require duplicative training “This regulation should remain licenses, expiring vehicle struggling restaurants and private crossing into North Carolina. The and other requirements from al- lifted indefinitely,” he said. registrations, and other clubs raise profits and maintain same goes for other licensed work- ready qualified individuals.” nonessential services that require staff. Cocktails are now available ers, such as plumbers, electricians, North Carolina should look be- in-person visits and standing in for takeout and delivery in Califor- hair stylists, and all other occupa- yond medical professions to all lines at government offices RECOMMENDATION: Waive nia and New York. tions that require licensing. other types of licensing, he said. requirements for out-of-state The waiver could also apply Cooper’s emergency order waives “Disruptions from the coro- WHY: To encourage social telemedicine providers and to tap rooms at wineries, distill- North Carolina’s licensure require- navirus are going to cause people distancing give pharmacists the ability to eries, and breweries that profit from ments for health care and behavioral a lot of economic pain,” he said. test and prescribe medication slinging drinks in-house, he said. health workers. That means doctors “A recession seems inescapable. for nonchronic conditions, and nurses licensed in other states In general, but especially now, Social distancing is supposed such as strep or the flu. Grant can get to work in North Carolina, there’s no need for the state to im- to mitigate contagion, and people nurse practitioners full practice helping test patients for COVID-19. pose regulations causing a whole should go to the grocery store or to RECOMMENDATION: Suspend authority. It’s a start, Sanders said. But slate of services to be harder to work only if absolutely necessary, occupational licensing and rethink such deregulation should be more get, harder to find work in, and Cooper and state health leaders licensing going forward continued NEXT PAGE than just a backup plan. more costly to people than they have repeatedly said. CAROLINA JOURNAL // APRIL 2020 9 COVID-19

continued from PREVIOUS PAGE satisfy four concerns. First, technology sets a barri- WHY: Increasing access to er for kids in rural and low-income telemedicine could help neighborhoods where the internet coordinate patient care and keep is patchy. Private companies like unnecessary visits to a minimum; Charter Communications and Com- freeing up primary care doctors cast are offering free broadband and other point-of-contact and Wi-Fi access for families with providers will help with testing school children. and treatment for COVID-19. But some areas of North Caroli- na, such as the Inner Banks, Sand- If you’re sick, a quick video chat hills, and western regions of the with your doctor could help main- state, don’t have the infrastructure tain social distance while provid- to support high-quality broadband. ing treatment. But North Caroli- Timing is another obstacle na needs to make that option less teachers must overcome, Stoops tricky for patients, Roberts said. said. Cooper announced the school On March 20, the state tempo- shutdown on a Saturday, giving rarily modified telemedicine rules classrooms little time to respond. to provide remote care for Medicaid Schools that already used online patients. learning tools were prepared. The waiver loosens rules about But those with fewer inter- payment, technology, and patient net options didn’t have a chance location. It also allows providers, to print and distribute hard-copy such as clinical pharmacists and learning packets. mental health providers, to provide Classroom teachers also must video and phone sessions for pa- be taught how to plan for online les- tients. sons, Stoops said, as even the most These changes are a good ex- skilled must adapt in-person activi- ample of how the state can provide ties to work at a distance. better access to care going forward. The fourth barrier is special ed- The General Assembly should ucation law, Stoops said. The In- allow out-of-state doctors to pro- dividuals with Disabilities Educa- vide care via video calls and oth- tion Act of 1973 and the Americans er electronic means, Roberts said. with Disabilities Act give rights to Now, a doctor in Virginia also would students who receive services for need to be licensed in North Caroli- a documented disability. That in- na to practice telemedicine. cludes special education programs That’s redundant, Roberts said. at school. If that rule were lifted, patients If districts run school online for RECOMMENDATION: Grant could go to a CVS pharmacy web- studies at JLF. Closed schools mean closed general students during the clo- school employees additional leave site and video chat with a doctor for N.C. law grants emergency pow- lunchrooms for low-income fami- sure, they are legally required to days just $59. But today, that’s not an op- ers to the State Board of Education, lies who depend on school lunches make sure students with disabili- tion. allowing it to extend recesses and to feed their children. All 115 N.C. ties get the same opportunities, the WHY: To avoid penalizing Legislators should find ways to adjournment of public schools. But school districts stepped up with law says. Schools also are required teachers who used leave for empower medical providers in mul- it’s unclear how that would be rec- plans to provide meals for their to continue providing special edu- medical treatment, child care, tiple roles, Roberts said. One exam- onciled with classroom time re- communities. cation. or any other need in the wake of ple is a recently enacted Florida law quirements and the June 30 dead- About 1,165 schools had served While the state winds its way COVID-19 allowing pharmacists to test pa- line. 1.2 million meals and 6,500 snacks past these obstacles, parents can tients and prescribe medications for “As many pundits point out, we as of March 21. read with their children and encour- some illnesses. are in uncharted territory,” Stoops North Carolina teachers earn Meal service is optional, and age learning at home, he said. “This could free up prima- said. 0.2 days of personal leave for each there are no rules for how a district “Parents who do not have access ry care doctors and other point-of- The General Assembly should month they work; they can’t earn should distribute food, said Stoops. to online texts may obtain books contact providers who will need provide a uniform policy response more than 2 days a year. The biggest challenge is com- from libraries or request books from to conduct testing and treatment to COVID-19 closures, he said. During the coronavirus out- munication, he said. their child’s school.” for COVID-19-related illnesses,” he Two options are on the table. break, teachers should be allowed “School districts should use STATE BUDGET AND said. Lawmakers could waive the June 30 to earn more, Stoops said. telephone, email, and broadcast Nurse practitioners also should deadline, or they could reduce the “Lawmakers should consid- communications to disseminate in- FISCAL ISSUES be granted full practice authority, number of hours students are sup- er granting additional leave days formation about the availability of RECOMMENDATION: Don’t raise he said, since COVID-19 is an all- posed to complete in a school year. to school personnel by retroactive- meals over the school closure peri- taxes and safeguard unreserved hands-on-deck situation. It’s likely any decisions about ly increasing the personal leave od.” money the school calendar this year will rate for the current school year,” he lead to modifications of the calen- said. “Moreover, they should work EDUCATION WHY: To prepare for economic dar for the next school year, par- with state education officials to en- RECOMMENDATION: Use online hardship in the wake of COVID-19 ticularly if the state mandates that sure that all public school employ- RECOMMENDATION: Allow learning as a tool, and encourage students attend summer school ees have clear guidelines on key hu- school districts calendar flexibility parents of school kids to read at or start the next school year early, man resources issues, such as com- No one knows what will come home Stoops said. pensation, leave and sick days, and next in the fight against coronavi- WHY: To make up time “In the long run, the ideal option documenting work hours during rus, but one thing is certain. The or restructure attendance WHY: Help K-12 students stay on is to dispense with the unnecessar- school closure.” economy will take a big hit. requirements. track with learning even as public ily prescriptive start- and end-date North Carolina should “keep its schools remain closed until at requirements altogether and allow powder dry” and sit tight on the least May 15. State law requires schools to school districts to formulate calen- roughly $3.5 billion it holds in avail- RECOMMENDATION: Increase wrap classes and testing by June dars that better meet the needs of able cash, said Joe Coletti, senior communication about child 30. That’s not going to be easy students, families, and communi- With schools closed, on- fellow for tax policy and fiscal re- nutrition options now that all schools are physical- ties.” line learning may seem inevita- search at JLF. ly closed until at least May 15, said ble, Stoops said. But lawmakers Last year’s clash between Coo- WHY: To provide food for low- Terry Stoops, vice president for re- shouldn’t mandate digital educa- income and rural communities continued PAGE 10 search and director of education tion for districts unless leaders can 10 CAROLINA JOURNAL // APRIL 2020 COVID-19 continued from PAGE 9 During the past two recessions, Democratic majorities in the leg- per and the General Assembly over islature raised sales taxes to boost Medicaid expansion cemented the revenue. In 2001, former Gov. Mike failure of a new state budget. But it Easley and the General Assembly also left the state with $2.26 billion raised the sales tax by a half cent in unreserved cash, Coletti said. while diverting state pension pay- In mid-March, Coletti would ments to stretch the budget. have recommended allocating some They renewed the hike in 2003 of that money for short-term relief. and 2005, letting it drop partial- Now, he advises the legislature hold ly before making it permanent in its collective horses. 2007. In 2009, former Gov. Bev Per- Tax revenue is already falling due — alongside the legislature — after the federal and state govern- raised sales taxes 1 cent. ments extended tax filing deadlines When Republicans won the leg- into July, Coletti said. islature in 2011, they let the tax Thousands of N.C. businesses hike expire, saving taxpayers $827 are closing under executive orders million the first year alone. from Cooper. Tens of thousands of Taxpayers need every dollar unemployed workers are filing for now more than ever, Coletti said. As unemployment. Congress pushes a $2 trillion stimu- “Who knows what’s going to be lus package to bolster the economy, left of that $2.26 billion as this pro- North Carolina must be judicious gresses?” Coletti asked. about how it spends its money. It’s more important than ever for “Regardless of what one thinks the state to protect its savings and of the federal response, no amount prepare for hard economic times, of state money will have any- Coletti said, so that struggling tax- where near the impact,” Colet- payers don’t face an even greater ti said. “Instead, Governor Coo- burden once the coronavirus pan- per and the General Assem- demic abates. bly should shore up state and lo- Lawmakers shouldn’t burden cal government finances while re- residents with a sales tax increase sponding to the public health — a tactic used in the past, Colet- and economic challenges arising ti said. from the coronavirus outbreak.”

Public Affairs, Policy Issues & Perceptive Commentary

See refreshing, balanced conversations about timely topics facing North Carolina and the nation on FRONT ROW with Marc Rotterman. By bringing together his insider experience, keen mind and key contacts (including elected officials, policy makers and journalists), Marc and his guests explore important issues about policy and public affairs during each lively episode.

Catch FRONT ROW— Five Times a Week! UNC-TV: Fridays, at 8:30 PM • Sundays, at Noon North Carolina Channel: Fridays, at 9 PM • Saturdays, at 4 PM Sundays, at 9:30 AM Online anytime at unc.tv/frontrow CAROLINA JOURNAL // APRIL 2020 11 COVID-19

BY LINDSAY MARCHELLO

he outbreak of the novel coronavirus has dominated the news since it arrived on U.S. soil early this year. Each day brings a new story on how the pandemic is affecting lives. In North Unprecedented Carolina, the number of coronavirus cases, as of March 24, had surpassed 300 and likely will continue growing. Here’s a snapshot of the past couple of months, looking at moves that will go LOOKING BACK AT NORTH CAROLINA’S Ton to define the state’s pandemic response: RESPONSE TO CORONAVIRUS OUTBREAK

Confirmed15 Cases

Feb. 11 March 3 March 10 March 11 March 12 Gov. Roy Cooper establishes the state The first North Carolinian with COVID-19 is Cooper declares a state of emergency to The N.C. Medical Board approves emergency The number of coronavirus cases rises to at Novel Coronavirus Task Force to prepare identified. A Wake County man traveled to combat the spread of novel coronavirus. rules expediting the process for retirees to least 15, Cooper says in a news conference. for the novel coronavirus, COVID-19. Dr. Washington state, where he visited a long- The state has seven presumptive positive obtain temporary emergency licenses. “This People are strongly advised to work from Elizabeth Cuervo Tilson, N.C. state health term care facility experiencing an outbreak cases of COVID-19. “We do want people to is part of a preparedness effort. It is not home, and gatherings of more than 100 director, and Mike Sprayberry, director of of the virus. The man, according to reports, take this seriously, but we also want people part of any signal that we’re unable to meet people should be canceled. Those who are N.C. Emergency Management, co-chair the is in isolation at home and doing well. to go on living their lives, particularly the medical needs of our state,” said Jean sick should self-quarantine. Meanwhile, group. “Though currently the risk to North those not in the higher-risk group,” Cooper Brinkley, spokeswoman for the N.C. Medical the General Assembly advised staff to Carolinians is low, we are taking a proactive said during a news conference. A state of Board. “But it makes sense to be prepared.” work remotely. Oversight committee approach and are prepared for potential emergency declaration relaxes certain The emergency licensure is good for 90 meetings are postponed. Legislative leaders scenarios,” Cooper said in a news release. regulations and makes it easier for county days, with a 30-day grace period, or until announce lawmakers are prepared to take health departments to get state money. the state of emergency ends. The rule takes any necessary budgetary action to address Price-gouging laws are triggered. effect March 20. the outbreak.

March 14 JULY Cooper issues an executive order March 19 banning gatherings of more than Health officials identify the first case of 100 people. Airports, train and bus community spread in North Carolina. stations, medical facilities, libraries, Someone in Wilson County contracted shopping malls, restaurants, office the disease without traveling to an spaces, and grocery stores are excluded. outbreak zone or without being Additionally, the executive order closes exposed to someone with the virus. The all K-12 public schools for a minimum number of cases rises to 115. of two weeks. At the time, 23 people in TAX DEADLINE 12 counties are positive for COVID-19. March 17 March 18 The U.S. Small Business Administration 15 Cooper sets up an Education and Cooper announces during an afternoon Cooper announces a new resource for approves Gov. Roy Cooper’s request for March 20 Nutrition Working Group to develop a news conference that requirements for people to use to find more information a disaster declaration. The move allows The state tax filing deadline is extended plan to aid families and children while unemployment benefits will be relaxed about COVID-19. North Carolinians can call small businesses suffering economic to July 15 for individual, corporate, and schools are closed. Cooper says he’s and all private clubs and restaurants will NC 2-1-1 by United Way of North Carolina losses because of the coronavirus franchise taxes to match the extension setting up the new working group “to be closed except to provide takeout or to learn what’s available in their local outbreak to apply for low-interest SBA for federal tax filing. While people won’t ensure that children have enough food delivery. Unemployed workers won’t have to community relating to food, shelter, energy disaster loans. be penalized for filing their taxes after to eat, families have care in safe places wait one week before applying for benefits assistance, housing, parenting resources, the usual April 15 deadline, tax payments for their young children, and student and don’t have to show proof that they’re health care, employment, substance abuse N.C. Speaker of the House Tim Moore, will be charged, accruing interest over learning continues,” Cooper said. looking for other work. treatment, and resources for the elderly R-Cleveland, creates a bipartisan the period from April 15 until the date of and those with disabilities. People can committee to respond to the COVID-19 payment. March 16 Shortly after the news conference, Lt. Gov. text COVIDNC to 898211 to receive general outbreak. The House Select Committee Cooper requests that the U.S. Small Dan Forest challenges the restaurant and information and updates on the virus. on COVID-19 will meet remotely with Business Administration grant a private club restrictions. Forest, who is crisis-policy working groups to craft disaster declaration for business owners running against Cooper for governor, said immediate and long-term legislative to provide relief as the coronavirus the Council of State voted against those responses to the pandemic. outbreak impacts the economy. A measures before the news conference. The declaration would provide loans to votes fell along party lines. “His mandate The University of North Carolina Board businesses affected by the pandemic. will devastate our economy, shutter many of Governors announces it will allow small businesses, and leave many people schools to postpone commencement unemployed, especially in the rural areas ceremonies. of our state where food supply is already critical,” Forest said in a news release. March 24 Wake County temporarily suspends all pistol permit and concealed-carry services March 21 until April 30, and a pair of Republican Cooper waives restrictions on child lawmakers immediately raised red flags. and elder care to improve access, including allowing volunteers and Wake County Sheriff Gerald Baker, who other caregivers to help children and announced the move Tuesday, March the elderly. Additionally, the governor 24, said law officials are suspending permits the DMV to postpone hearings the services to help stop the spread of that can be reasonably delayed the coronavirus within the government during the viral outbreak. The DMV building and to give the sheriff’s office March 25 can take steps to ensure proper social time to process a growing pile of Cooper announces the first N.C. deaths distancing. applications. Sens. Warren Daniel, R-Burke, from the coronavirus. An individual from and Danny Britt, R-Robeson, used state Cabarrus County died from complications law in calling on Baker to end the nascent caused by the virus. The person was in their March 23 suspension. late 70s and had underlying medical issues. March 26 The State Board of Education votes to Another person, from Virginia, also died of Wake County issues a stay-at-home order, approve submitting a waiver to the U.S. “State law requires sheriffs to approve complications associated with coronavirus. which goes into effect at 5 p.m. March Department of Education to avoid a or reject a pistol permit within 14 days,” 27. Businesses related to agriculture, requirement to send standardized testing they said in a joint statement. “Sheriff As the number of cases rise, Durham issues construction, banking, health care, data for the 2019-20 school year. Baker must immediately rescind his illegal a stay-at-home order. Guilford county, High food services, safety, and government decision to halt sale of pistols in Wake Point, and Greensboro issue a joint order. operations are exempt from the order. The March 22 Cooper issues an executive order keeping County. Wake County announces plans to order proclamation lasts until April 17 unless Wake County declares a state of schools closed until May 15. Mass gatherings people to stay home to slow the spread of extended. emergency. The declaration limits mass of more than 50 people are banned. Hair Mecklenburg county orders its residents to the coronavirus. gatherings to no more than 50 people. and nail salons, gyms, health clubs, and stay at home to combat the viral outbreak. movie theaters are directed to close. The State Treasurer Dale Folwell tests positive number of coronavirus cases rises to 398. for COVID-19. 12 CAROLINA JOURNAL // APRIL 2020 BUDGET AND TAXATION More accountability needed in county sales tax referendums, expert says

BY KARI TRAVIS For more details about the tax referendums, go online: orth Carolina voters shouldn’t be asked to ap- bit.ly/2vPsCWP prove county sales tax in- creases on election days where money would go to teacher pay. In Nturnout is considerably low, one ex- Chatham, 51% of voters approved pert says. a $1.6 million sales tax hike. That But that’s exactly what hap- money is earmarked for affordable pened Super Tuesday. housing and other projects. Eight N.C. counties placed sales In Forsyth County, where vot- tax referendums on their March 3 ers rejected a sales tax bump in No- ballots. Voters in Bertie, Chatham, vember 2018, residents passed a Forsyth, and Madison counties said $14 million increase by 60% of the “yes” to tax hikes. Voters in Ala- vote. Their approval came after For- mance, Stokes, Washington, and syth County commissioners went Wayne counties said “no.” ahead with plans for new construc- The referendums shouldn’t have tion and higher taxes, Coletti said. appeared on the ballot in the first In Madison County, 63% of voters place, said Joe Coletti, senior fellow approved a $290,000 sales tax in- for fiscal and tax policy at the John crease, reportedly to be used for a Locke Foundation. Counties face new high school football stadium. few rules when it comes to sched- When all is said and done, coun- uling tax votes. In 2013 and 2014, ty leaders shouldn’t be able to pick the General Assembly passed leg- low-turnout elections to slap tax islation blocking counties from referendums in front of voters, said holding referendums on days other Coletti. than primary or general elections in “It is getting harder to find news

even-numbered years — with just a CARRINGTON DON BY PHOTO CJ about local budgets and their im- few exceptions. GAMING THE SYSTEM. To boost the odds of passing a tax proposal, county leaders cherry-pick elections based upon pact on families, especially in coun- Before that law was enacted, voter turnout and political dynamics, experts say. ties like Bertie, where neither the counties were prone to schedule school district [nor] county gov- votes randomly — like when Alex- ernment has managed its spend- ander County sprung a Jan. 8, 2008, ing well,” Coletti said. “That’s why referendum on its residents, Coletti votes weren’t held during the 2012 more likely to favor tax increases, no information about that proposal it is incumbent on the General As- said. While that maneuver is illegal primary — when Democrats stayed Coletti said. appeared on the county’s website. sembly to provide a check on local now, there’s still room to game the home and Republicans swarmed Transparency is also a short- That county already collects $7.9 spending, debt, and taxes with vot- system. the polls to elect a Republican pres- coming in some cases, he said. Of million in sales tax, Coletti said. er approval in high-turnout elec- To boost the odds of passing a idential candidate. This year, with a this year’s tax referendums, four In Bertie and Chatham counties, tions.” tax proposal, county leaders cher- Republican in the White House and counties held elections about voters just barely approved the tax The best way for voters to know ry-pick elections based upon voter an open field of candidates from which the N.C. Association of Coun- proposals set before them. In Ber- about tax increases is to put refer- turnout and political dynamics, Co- the opposition party, more Demo- ty Commissioners knew nothing. tie, 52% of voting residents raised endums on the ballot during state- letti said. crats voted while more Republicans In Washington County, where 51% sales taxes a total of $175,000 af- wide general elections in even It’s not coincidental that tax stayed home. Those Democrats are of voters nixed a sales tax increase, ter commissioners promised the years, he said.

A power-hungry president, a constitutional crisis, and a democracy in peril…

President Jerome Elliott was elected with overwhelming support from the American people. His populist platform and soaring promises captivated voters. But now, after a series of increasingly unorthodox policy decisions and suspicions of sinister motives, a shadow gathers over the White House. When thirty-four state governors call for a constitutional convention to reform the federal government, Elliott fears losing control. In a desperate attempt to maintain power, he orders the revered 82nd Airborne Division to march on the convention and arrest its participants as domestic insurgents. The Georgia National Guard mobilizes to stop them, and the two forces clash in the small town of Madison. These actions echo across the nation, polarizing the populace and threatening to erupt into violence between the people and their government. Meanwhile, television reporters Nicole Marcel and Luke Harper race to discover the truth behind the president’s actions, while United Nations investigator Percy Leach digs deep into Elliott’s past. Chasing facts and whispers alike, they uncover the roots of dark truths that, if realized, risk sundering the very fabric of American democracy. Available from Ingram Book Group. For orders call 800-937-8000. Also available from Amazon, Barnes & Noble, and other retailers. www.AperturePress.net CAROLINA JOURNAL // APRIL 2020 13 HIGHER EDUCATION UNC board member says online learning should become higher priority

BY LINDSAY MARCHELLO

arty Kotis, a member of the I hate that this is what University of North Caroli- it takes for people to na System’s Board of Gov- understand the impor- ernors, for years has pushed for Mmore online learning programs from tance of online learn- UNC’s college campuses. He hasn’t ing, and also the threat gathered much support, but that may change now that the corona- of online education as virus pandemic is uprooting tradi- a major disruptor. But tional higher education. “I hate that this is what it takes I think this fall that’s for people to understand the impor- exactly what we are tance of online learning, and also the threat of online education as a going to see. major disruptor,” Kotis told Carolina - Marty Kotis, Journal. “But I think this fall that’s UNC Board of Governors exactly what we are going to see.” During its meeting March 20, the UNC board voted to table plans asking the General Assembly for day won’t be the same or could be more money to support operations worse two weeks from now,” Rucho and capital projects. The decision said. comes in light of the ever-chang- Students and families have been ing situation posed by COVID-19. As planning for commencement for a the system’s 17 schools move online long time. Postponing commence-

to block coronavirus contagion, the TRAVIS KARI BY PHOTO CJ ment when it’s still about six weeks board’s budget and finance commit- MARTY KOTIS OF THE UNC BOARD OF GOVERNORS. Kotis has pushed for more online learning programs from UNC’s out isn’t the right step, Rucho said. tee is developing a separate propos- college campuses. With the coronavirus pandemic uprooting traditional higher education, he may gather more support. “No one knows for a fact about al for a legislative relief and online any of this stuff,” Rucho told CJ. learning package. The board should have waited UNC also announced it would al- another two weeks before deciding low schools to postpone commence- dents. WGU is climbing as one of to network and share and commu- president of the James G. Martin whether to postpone commence- ment ceremonies. Students will still the biggest contenders in the online nicate with others online.” Center for Academic Renewal. ment, Rucho said. These decisions be able to graduate and receive their space. The only other nonprofit to That’s why he wants to table the “Universities should already be should be based on fact — not spec- degrees. But a traditional ceremony come close is Southern New Hamp- budget requests and look at shifting investing less in their brick-and- ulation. He disagreed with tabling isn’t likely any time soon. shire University, which has both investments from brick and mortar mortar assets,” Robinson said. the budget asks, too. Before the COVID-19 outbreak, a traditional campus and an on- to online learning. “Starting in 2018, one-third of all “Reality is, when the coronavi- UNC’s primary concern was repair- line school. SNHU’s online enroll- A New York Times story pub- students were taking at least one rus ends — which it will do — what ing and renovating its brick-and- ment hit 93,000 last year. The two lished in late February discussed online course.” budget do we have to run the uni- mortar campuses. Those priorities schools are eclipsing the for-prof- how public universities with large While she anticipates hiccups in versity?” Rucho asked. should be reconsidered in light of it University of Phoenix, which has online programs are using technol- transitioning to more online cours- It’s important for the university the pandemic, said Kotis, a Greens- dwindling enrollment, dropping be- ogy to deliver more materials on- es, Robinson thinks the trade-offs system to send its budget requests boro real estate developer. Now is low 100,000 students for the first line. Georgia Tech is using Watson, will be worth it. before the legislature if they’re to the time to press pause on old prior- time in 15 years, the report said. the IBM-developed artificial-intel- “The flexibility of online learn- compete with other agencies look- ities and instead invest in online ed- Students and their families ligence program, to create virtual ing will outweigh some of the grow- ing for money, he said. ucation, he said. could end up going elsewhere to tutors. SNHU is using AI for grad- ing pains we’re seeing right now,” The board should have submit- Universities are already pivoting find something easier, faster, or ing. Arizona State University mon- Robinson said. ted what was in the vetoed budget to online courses to slow the spread cheaper in terms of online educa- itors student performance with AI, Kotis sees an opportunity to and come with a supplemental ask of COVID-19. But if a more robust tion. The UNC System must be pre- warning academic advisers if stu- build something out of the disrup- dealing with coronavirus emergen- platform isn’t developed, UNC could pared, Kotis said. An online class dents aren’t keeping pace. tion caused by the viral outbreak, cy funding, Rucho said. Gov. Roy lose students to other established that’s just a live broadcast on an WGU and Boise State University but others aren’t comfortable aban- Cooper vetoed the $24 billion bud- online programs, Kotis argued. app won’t cut it. enroll online students under a mod- doning long-term plans. get last June. Included in the ve- Online nonprofit colleges are “It’s a tourniquet when you are el unheard of in contemporary high- Some of these moves, such as toed plan was money for new capi- on the rise, says an April 2018 re- bleeding, but it’s not the right fix,” er education: by subscription rather postponing commencements, are tal projects and for repairs and reno- port from Inside Higher Ed. The ar- Kotis said. “The right fix is a robust than semester. Students who finish premature, said Bob Rucho, a board vations of existing buildings. ticle points to Western Governors online system where you are get- course work faster pay less. member and former state legislator. Rucho said covering potential University, which, to date, has a na- ting really close to the quality of A move toward online learning “Things are changing very fast, student refunds could be handled tional enrollment of 112,000 stu- on-campus learning and the ability is inevitable, said Jenna Robinson, and a lot of things that may be to- later.

www.carolinajournal.com 14 CAROLINA JOURNAL // APRIL 2020 CONSTITUTIONAL LAW Defense of originalism requires an understanding of Founders’ plan

MK: Why did you write And I say balance. Why? Senate. We need to get rid this introduction to Because these objectives are of the Electoral College. It’s originalism? in tension with each other. insufficiently democratic. It’s often popular majorities But at the same time, these IW: The short answer is that infringe on the rights of same people want to make there wasn’t a book like minorities. So writing a con- sure that democratic major- this. So the first question stitution that successfully ities can’t do certain things. really is: Why isn’t origi- balances these competing You can’t decide on moral nalism — this idea that we objectives is no easy task. issues, like abortion or gay should interpret the consti- And I argue that the framers marriage, so we want better tution according to its origi- were remarkably success- democracy, but only if it nal meaning, right, the way ful at achieving a balance leads to progressive results. its words would have been between self-government I mean, that’s crazy. That’s understood by the framers and liberty, such that the typically the approach. who wrote it and the public Constitution is legitimate As I was reading about that ratified it, that’s what and binding today, even if the founders and their polit- this originalism is — why it’s imperfect. ical philosophy, it turns out isn’t it taught more in the I mean, here’s the point. that when you have these law schools? It’s kind of This is the key takeaway: objectives, first of all, it was surprising, right? Something must make a itself an incredible achieve- We have federal judges constitution binding. It can’t ment to say, “We want who are originalists. Prob- be that no constitution is self-government, and we Ilan Wurman ably more than half the Su- ever binding. The society want liberty, and it requires Law Professor preme Court at the moment law in our legal system? Or- That’s the premise, right? would fall apart. That can’t a balance.” “Republican Arizona State University is originalist. So much of dinarily, we first figure out So to fully defend origi- be right. But it also can’t be remedies for the diseases the public, I think, considers what does this law actually nalism, I think the original- the case that a constitution most incident to Republican If you follow the Supreme themselves to be originalist, say? What does it mean? ist has to defend the binding is only binding if it says government,” as Madison Court and constitutional law, or they understand intuitive- What does it do, whether it’s nature of the Constitution. exactly what you personally says in Federalist 10. Simply you’ve probably heard about ly that we should care what a contract, or a statute, or a And that requires a defense would want it to say. That’s stating this objective and the concept of originalism. the framers said, and so on. treaty, or a constitution? of the founding, and my also crazy. Three hundred understanding that they For years, it’s been difficult But it’s not taught in And then there’s the claim is that the Constitu- million Americans might are in tension with each to find a good book-length the law schools. … So, as a question of: OK, well, are tion is binding if it success- have a different opinion other, these two objectives, introduction to the concept. student, as a law student, I we bound by that law? Are fully balances self-govern- about that. There must is itself an innovation, and Ilan Wurman, visiting had to research this on my we bound to this contract? ment and liberty. be some middle ground, we’re indebted to them for assistant professor at Arizona own. I had to look into it on We’re bound even by Con- something that makes a that. MK: State University’s Sandra Day my own. I had heard about gress’ bad laws, right? So Why should we care constitution legitimate, and Then they did a pretty O’Connor College of Law, this originalism thing. It the question is: We interpret about either originalism therefore binding, even if darn good job of striking tries to fill that void with made sense to me, and I had legal texts, I argue, the way or the founding? Why not you think it’s imperfect in this balance; a pretty amaz- the book A Debt Against the to strike it out on my own. I we interpret any communi- just say majority rules? certain provisions or partic- ing job through ingenious Living. Wurman discussed the didn’t find an introduction. cation intended as a public ulars. mechanisms that were IW: book during a speech to the I looked for one. I couldn’t instruction, with its original In a free society, like My claim is the Consti- novel at the time — separa- Triangle Lawyers Chapter of find one. I had to read all of public meaning, right? Not a ours, we don’t just care tution is legitimate and tion of powers, checks and the Federalist Society. Wurman these very interesting books secret meaning. Otherwise, about what a majority of binding in the sense if it balances, the enumeration shared key themes from his on particular theories of it would be a pretty ineffec- the people want. Why do meets this threshold balanc- of power, and this division work during an interview originalism and so on, but tive instruction. we have constitutions? ing of self-government and of federal and state power. with Mitch Kokai for Carolina there was no one, single That’s how we interpret What does a constitution liberty, these two objectives The representative mech- Journal Radio. volume, short narrative these documents. But that for a free society have to of a free society, even if anism itself was a novelty introduction to originalism. doesn’t answer the ques- accomplish? The answer you would do things a bit at the time. And, of course, It’s an introduction to and tion of: Well, should we be is two things. It has to differently on either side of the provisions in the Bill of defense of originalism and bound by that document successfully create a regime the equation. Rights were also a novelty. the founding. at all? Someone might say, of self-government — this But more than that, what’s MK: So I have done all the “Well, OK, fine, I get that is what you were getting All your research so great about the Constitu- work for you in this short the original meaning of the at — a regime by which we suggests to you that tion of our founders is they book. If you want an intro- Constitution is X, Y, and Z, the people can choose who this Constitution and wrote it in such a way that duction, there wasn’t one but we don’t care. We don’t we want to be, and govern originalism are pretty it would continue to strike a before, and now there is one. want to be bound by what ourselves, and decide who good? successful balance between So that’s why I thought I a bunch of long-since-dead we want to be politically, self-government and liberty IW: had to do it. white men wrote.” morally, socially, culturally, Today we have all of long into the future. On both So, to fully defend origi- economically, what have these movements to, “Well, sides of this equation, right? MK: You mentioned the nalism, you have to argue you. we need to change the Look at the liberty founding. How important that the Constitution is But, at the same time, Constitution. Why do we side of the equation. The is the American founding binding law, the same way this exact same document, care about what a bunch of rights-protecting provi- to originalism? that the laws of Congress this exact same piece of dead white men said?” “But sions of the Constitution A Debt Against the are binding, such that we paper, also has to preserve a the Constitution is insuffi- are written in sufficiently IW: Living There are different should care what it says large measure of liberty, of ciently democratic,” they broad terms to be applicable kinds of defenses of orig- and we should follow its natural liberty. Otherwise, might say. to changing circumstanc- inalism, many of which original meaning. Because why would we get out of Here’s what’s so crazy and es. Why do you think the don’t talk about the found- the best nonoriginalists will the state of nature into this insidious about this. The First Amendment applies ing. I think that’s wrong. I say, “We’re OK with judges thing called civil society if people who want to change to the speech made on the think a complete defense updating the meaning and we got a raw deal, if we gave the Constitution, who think internet? Why do you think of originalism requires also content of the Constitution up too much of that freedom the Constitution is bad, the Fourth Amendment — a defense of the founding. over time, and so be it.” we had in this state of na- some bad document, they unreasonable searches and The way the argument of You know, they’re even OK ture? We would never leave say two things. They say it’s seizures — applies to G.P.S. the book works, it’s kind of distinguishing the Constitu- the state of nature. insufficiently democratic. devices that police officers Listen to this and other a two-step argument, right? tion from ordinary laws. The So a free constitution has We need better democracy. put on cars, right? Many interviews online: The first question is: Constitution’s different. It’s to balance these two things, We need to get rid of the things the founders couldn’t www.carolinajournal.com/radio Look, how do we interpret old, and it’s hard to change. self-government and liberty. equal representation in the have conceived of. CAROLINA JOURNAL // APRIL 2020 15 COMMENTARY The promise and limitations of online learning

Carolina take advantage of online tools regularly. Those teachers education opportunities, there can send messages through apps are three limitations to quickly like ClassDojo or Remind and extending these opportunities to distribute materials using Google all public school students in an Classroom, Edmodo, or Blackboard emergency. Learn. In cases where techno- DR. TERRY STOOPS The first barrier is technolog- logical barriers hinder access to VICE PRESIDENT FOR RESEARCH ical. The N.C. Department of In- online tools, however, hard-copy JOHN LOCKE FOUNDATION formation Technology notes that packets may be the only way to every K-12 school in the state has ensure that some students obtain high-speed internet access, and instructional materials from their n March 14, Gov. Roy Cooper 98% are served by dedicated fiber teachers. Because of the timing of issued an executive order di- lines, allowing students to access the decision, teachers would have recting all public schools to NCVPS courses and other online to mail materials to families or close for at least two weeks. (That content easily. But some residenc- coordinate pickup and delivery. Oorder was later extended into es, particularly those in rural and The third barrier is planning. May.) He further directed the N.C. low-income communities, don’t Online educators understand how Department of Health and Human have access to a reliable internet to use internet-based resources to Services, the Department of Public connection. Mostly private inter- deliver content effectively. It takes Instruction, and the State Board net providers have made notable experience and talent to learn of Education to “work together to gains in boosting broadband avail- how to do it well. On the other implement measures to provide for ability and quality, and companies hand, classroom teachers design the health, nutrition, educational — including Charter Communica- lessons for classroom settings. needs, and well-being of children tions and Comcast — have even This includes the presumption during the school closure period.” offered free broadband and wi-fi that students will be in class to None of these mandates is ments, handouts, and audio and online school that began as a pilot access to families with children receive face-to-face instruction more challenging than meeting video content on a secure website program in 2005. Today, more than in school. Still, the Inner Banks, from their teacher and will engage educational needs of 1.5 million operated by an online learning 32,000 high school students enroll Sandhills, and western regions of in meaningful interactions with public school children during an provider. Certified teachers offer in one or more of the about 150 the state lack the infrastructure both the teacher and classmates. extended closure. Online educa- one-on-one communication with courses that NCVPS offers. It’s needed to support high-quality Even the most skilled class- tion — also called digital learning, the student. the second-largest state-operated broadband. Moreover, low-income room teacher with meticulously distance learning, virtual school- Online schools and programs online school in the country. families are less likely to have a planned lessons may find activi- ing, or cyber schooling — may may be operated by a state entity, NCVPS doesn’t offer full-time suitable internet-accessible device ties that succeed in conventional hold the key to minimizing learn- nonprofit, or for-profit company. online education, but North at home, making it more difficult classrooms may require extensive ing loss during this period. Some offer full-time programs, Carolina has two online charter for disadvantaged populations revision to work well in an online Online learning is a general while others provide a part-time schools that do. N.C. Virtual Acad- to access online content during setting. term used to describe inter- or “blended” approach. All are emy and N.C. Cyber Academy (for- school closure. I suspect online education will net-based learning environments subject to performance stan- merly N.C. Connections Academy) The second barrier is timing. become so integrated into the that allow students to complete dards and regulations, including are popular full-time programs Cooper issued his executive order classroom experience of the next assignments and assessments, teacher certification requirements, authorized by legislation approved on a Saturday, closing schools generation that temporary clo- interact with educators, and col- grade-level restrictions, enroll- by the N.C. General Assembly in on the following Monday. Had he sures will have little effect on the laborate with classmates some- ment caps, defined course offer- 2014. Both programs are subject announced the closure sometime delivery of high-quality instruc- times without ever setting foot in ings, and student-to-teacher ratio to caps on student enrollment and during the week before, teachers tion. Until then, North Carolin- a physical classroom. Students guidelines. Funding mechanisms teacher-student ratios, as well as would have had time to print and ians will have to work through the use an internet-accessible device vary significantly, as well. other requirements. Online charter distribute packets of assignments messy — and thankfully tempo- such as a computer, tablet, or North Carolina is one of the school enrollment is approaching for students to complete over the rary — transition from classroom smartphone and a reliable inter- nation’s leading states for on- 5,000 students this year. period. This is not necessarily instruction to online learning net connection to access class line education. The N.C. Virtual While thousands of public an issue for schools that already necessitated by the outbreak of materials, lectures, notes, assign- Public School is a state-operated school students throughout North require students to use online coronavirus. THIS IS WHAT OPPORTUNITY LOOKS LIKE. Learn more online at: www.carolinajournal.com/series/opportunity-scholarships #SchoolChoice 16 CAROLINA JOURNAL // APRIL 2020 EDUCATION In education politics, mad mamas are on the move

Parent Union. Data from Open Secrets, an Meanwhile, in recent years, initiative from the Center for myriad other parent groups have Responsive Politics, show the organized, pushing reform. Fueling enormous, unprecedented power frustration: Parent voices are dis- teachers’ unions, which oppose enfranchised by the K-12 system, private school choice and char- KRISTEN BLAIR candidates, and elected officials. ter growth, wield in politics and COLUMNIST Circumstances are emergent. policy. Most political contributions Progress has stalled on narrowing come from the two major unions racial achievement gaps in reading — the National Education Associ- he relatively new year, 2020, and math, according to 2019 ation and the American Federation has ushered in some surpris- federal test scores. Political sup- of Teachers. In 2000, union contri- es. Hold for another, this one port for charter schools — which butions were under $7 million. In in education politics: Parent power enjoy bipartisan support from 2016, contributions jumped to $36 Tis rising. This isn’t PTA power. voters — is eroding. For parents million. For the 2020 cycle, contri- This parent power aims to disrupt and activists who are Democrats butions have already reached $14 the status quo on a grand scale. and usually live in Democratic million, 98% going to Democrats. Parents are mobilizing in new strongholds, part of the frustration Money talks. But moms and ways, demanding voice and choice is the feeling that their views are dads talk, too; their voices are in education. NETWORK PARENT POWERFUL COURTESY being ignored by elected officials, louder now. Millions of students Get ready, K-12 establishment. ADVOCACY. The Powerful Parent Network, led by Sarah Carpenter, center, says Todd Ziebarth, senior vice nationwide benefit from educa- pushes Democratic presidential contender Joe Biden on charter schools. Here come the mad mamas. president for state advocacy and tional choice, with more than 3 Advocacy from mad mamas support at the National Alliance million enrolled in charter schools (and mad dads) isn’t new, cer- work, led by Sarah Carpenter, an children deserve the same rights for Public Charter Schools. alone. Parents want to safeguard tainly. The National Congress of African-American grandmother other people, including many of “The political apparatus in both choices. Greater numbers mean Mothers was founded more than and head of Memphis Lift, has these candidates, have exercised parties has obviously been moving greater impact, if parents come a century ago, later becoming the taken demands for educational for their own families,” noted a away, and on the Democratic side, together, says Ziebarth: “They’re National PTA with an “Every child. choice, quality, and accountability PPN statement. it’s being driven by the teach- harder to ignore.” One voice” tagline. More recently, directly to presidential candidates. In January, the National Parents ers’ unions primarily,” Ziebarth Time to listen. COVID-19 devel- parent groups have mobilized to In February, PPN mobilized a Union launched as a network says. “On the Republican side, opments mean activism, for now, fight excess testing, failed reading Freedom Ride for Education Equity for parent groups and activists. it’s actually more being driven by will largely be online. But parent strategies, and more. Mad mamas before South Carolina’s primary. Featuring the tagline, “Our kids. other priorities that people like power is rising. Still. launched the war against Common A reported mantra: “Our children, Our voice,” NPU was founded by [President] Trump and [Educa- Core. But frustration, in our politi- our choice.” two moms: Keri Rodrigues, mom- tion Secretary Betsy] DeVos have Kristen Blair is a Chapel Hill-based cal moment, has reached a tipping “We believe it’s time for new in-chief of Massachusetts Par- around reducing the size of the education writer. Disclosure: She point. Advocacy is activism. power in education, and the new ents United, and Alma Marquez, federal government and increasing does consulting work for a charter The Powerful Parent Net- power is parent power. … Our co-founder of the Los Angeles support for private school choice.” advocacy organization.

The mostThe influential most influential thinkers thinkers in our in our educationeducation schools schools are radicals are radicals who who adhereadhere to a collectivist, to a collectivist, utopian utopian vision.vision.

Read ourRead latest our latestreport: report: The PoliticizationThe Politicization of University of University SchoolsSchools of Education of Education Download at go.jamesgmartin.center/researchDownload at go.jamesgmartin.center/researchor call 919-828-1400 to request a hard copy. or call 919-828-1400 to request a hard copy. CAROLINA JOURNAL // APRIL 2020 17 EDUCATION The ever-growing costs of mandatory student fees

versities, making attendance more Most students who don’t play varsity athletic programs. expensive and raising questions In the University a sport will never get to use the On the other end of the scale, about the true need and value of locker rooms and practice facilities North Carolina State University the amenities they help provide. of North Carolina for which they paid. and UNC-Chapel Hill have the low- Those fees have risen by 16.9% System, students They can attend athletic events est athletics fees, charging $232 since the 2015-16 academic year, and get a discount compared to and $279, respectively. WILL RIERSON on average, and schools are plan- pay, on average, public tickets, but not all students Athletics fees can comprise a COLUMNIST ning another markup set to take more than $2,500 care about sports and would large chunk of an athletic depart- effect this fall. rather spend their time socializing, ment budget. At East Carolina, UNC System mandatory fees annually in working, or studying. Of course, 34% of the budget is thanks to orth Carolina public uni- pay for a variety of university mandatory fees. students must pay athletics fees student fees. At UNC-Chapel Hill, versities are more than just costs, including: whether their school’s teams win only 7% of its budget comes from institutions of higher learn- • Athletics or lose. student fees. ing. They are each small cities of • Health services East Carolina University There are far more data points Nyoung adults with Olympic-level • Student activities from school to school. They are students would see the greatest that can be investigated on this athletic franchises, massive • Education and technology commonly the most expensive increase in athletics fees, a 6.5% subject, but it’s clear that man- dining and fitness clubs, and spe- • Campus security fees that students pay, yet their hike from $773 to $823. The East datory student fees at North cial-interest hobby communities • Debt service benefits are unevenly shared. Carolina Pirates recently com- Carolina’s public universities fund supported by extensive human and • Association of Student Gov- Those fees support athletic pleted a round of major athletic aspects of university life outside physical infrastructure. ernments ($1 per student) scholarships, staff salaries, travel, facility updates, including a $60 of education, like student activi- To fund the perks and benefits of The Board of Governors dis- and facility maintenance and million upgrade to the school’s ties and athletics, that can be of university life, schools charge extra cussed mandatory student fee operation. Each system school, football stadium. subjective value. fees beyond tuition and room and increases for the 2020-21 academ- except for the University of North East Carolina, though, doesn’t Those fees make students at- board. In the University of North ic year during its January meeting. Carolina School of the Arts, has have the highest athletics fee in tending a UNC System school pay Carolina System, students at each With approval, fees will rise by an athletic programs and mandates the UNC system. Elizabeth City thousands of dollars more than of the 16 member institutions pay, average of 2.4% across the system, these fees. State University takes the prize, they otherwise would. As fees on average, more than $2,500 annu- from $2,611 to $2,674. On average, schools have pro- instead. continue to creep up, UNC leaders ally in mandatory fees. Athletics fees may have the posed a 2.8% increase in athletics Students there are facing a 3.7% need to be mindful of the financial Mandatory student fees are widest variation in cost and have fees, from $735 to $755 for the hike in athletics fees from $899 burden it puts on students trying slowly going up at N.C. public uni- a large impact on student life 2020-21 academic year. to $932 to support the Vikings’ 11 to earn a degree. In Wilmington, the decline of community college leadership

a hands-off approach to run the ten to the complaints about Cape school,” said a former senior-level Fear Community College and set individual who has worked with up an anonymous reporting line staff, faculty, and board mem- in its office for faculty, staff, and bers, “particularly the former and students to raise their concerns. current chair of the board, who North Carolina has 58 communi- ANTHONY HENNEN commanded board members to ty colleges scattered across the COLUMNIST refrain from any action or oversight state. Keeping tabs on them all is of the daily running of CFCC.” extremely difficult. Former and current employees The state board can also with- SOMETHING IS ROTTEN in the repeatedly mentioned four issues draw or withhold state funding county of New Hanover. when criticizing CFCC: if college officials can’t maintain Cape Fear Community College, • The choice by the Board of the college’s standards. The state the fifth-largest in the state, is ex- Trustees to appoint Morton board can also choose the “nucle- periencing very public governance president without a formal ar” option by removing the entire issues. Faculty and staff have search Board of Trustees and appointing a CFCC accused CFCC President Jim Morton Cape Fear Community College • The lack of long-term con- new one, as authorized by chapter of creating a hostile work environ- tracts for most employees 115D of state law. If Cape Fear’s ment built on favoritism and bully- • Low morale among facul- Board of Trustees feels more loyal ing. The “toxic culture,” as multiple “I do not have faith in any of the reporter” pushing an agenda. The ty members, who say they to a president they appointed sources put it, has made employees current administration,” a current rest of the board echoed Kusek. don’t feel supported in the rather than to their responsibility afraid to criticize leadership for fear faculty member said. “I worked for One possibility, mentioned by classroom or in raising their for oversight, the state needs to of retaliation. another community out of state, multiple sources who spoke with concerns be clear that such a choice has College leaders have framed the and none of this went on there.” the Martin Center, is to have the • The high salary of Morton’s consequences. accusations as exaggerated media After Ann McAdams, an in- State Board of Community Colleges executive assistant, Michelle In a college with about 23,000 reports of a few disgruntled ex-em- vestigative reporter at WECT-TV step in and adjudicate problems. Lee, who earns $104,556. Lee full-time and part-time students, ployees. And the Board of Trustees, in Wilmington, interviewed two “It is difficult to respond to an earns more than even execu- it’s inevitable that some em- which appointed Morton, stands former employees who resigned anonymous allegation. However, tive assistants in the Univer- ployees will be unhappy about behind him. over leadership concerns — human the State Board of Community sity of North Carolina System. leadership changes. But when the The problems, however, can’t be resources director Sharon Smith Colleges is aware of concerns raised Only Minda Watkins, execu- complaints come from dozens of so easily dismissed. In reporting and IT director Kumar Lakhavani by some former employees at Cape tive assistant to the president current and former workers with this story, the sources that the — almost three dozen current and Fear Community College,” Peter of the UNC System, has a decades of experience, it’s neces- Martin Center spoke with — cur- former employees contacted her Hans, president of the N.C. Com- higher salary — $108,000. sary to consider them. Sneering rent and former faculty and staff with their “concerns about Mor- munity College system, said in an Those who want change have and stonewalling aren’t acceptable — asked to stay anonymous for ton’s leadership and a hostile work email. “I have advised the college turned their hopes to the State behavior in education governance. fear of hurting their job prospects environment.” to undertake a climate survey of Board of Community Colleges. The state board deserves praise or getting friends at Cape Fear fired. Those concerns aren’t taken seri- faculty and staff confidentially The state board could spark for taking action when the local They described a discontented ously by Cape Fear’s Board of Trust- administered by an independent minor changes or major reforms. It Board of Trustees wouldn’t. That faculty and staff, a board set in its ees. At a January board meeting third party.” has the authority to adopt and ad- praise needs to be qualified, ways that’s unwilling to admit past after WECT’s report, board member A climate survey is a start, but minister policies and regulations though, until larger reforms are mistakes, and incompetence in run- Pat Kusek said, “It’s unfortunate stronger action may be necessary. for all community colleges. For made that can prevent another ning a large community college. that we have one network and one “The trustee board has taken example, the state board could lis- Cape Fear from happening. 18 CAROLINA JOURNAL // APRIL 2020 COMMENTARY Disruption, though painful, can lead to innovation

for health care providers with a li- deliver groceries, or help with cense from another state, encour- medical visits. People out of work aged private labs and universities are picking up some money doing to expand COVID-19 testing, and chores, babysitting, and helping allowed more health professionals with home repairs and lawn work. to conduct testing. But where will we be when the BECKI GRAY Telemedicine and telehealth disruption ends, and what lessons SENIOR VICE PRESIDENT are growing as more people are will we have learned? We’ll know JOHN LOCKE FOUNDATION quarantined and the risk of health government has a role, but it’s still care workers contracting the virus too cumbersome and too far re- grows. This could very well be the moved to do it all. Money distrib- ost of us can’t remember future of health care and is clearly uted to states in block grants rath- a time of such widespread a way to increase access to care er than expansion of government disruption. The spread of while relieving the burden on the programs — allowing us to decide coronavirus has wreaked havoc on system, in addition to reducing where the needs are and how to Mthe economy, on families, on how costs. Taking it a step further, we allocate those resources — is a and where we work, on how we live should allow out-of-state providers more effective and cost-efficient and communicate. Our health care to administer care across state way to offer relief and help. State system is fragile and stretched. lines. government works best when the The roles of government and Schools are closed, and parents executive branch and the legis- AAFP private markets, however, are TELEMEDICINE. Dr. Gina Tobalina now works from her home via and teachers are struggling to lative branch work together — being clarified and, in some cases, telemedicine. Telemedicine is growing as more people are quarantined and ensure students don’t fall behind. within their designated authority. rewritten. the risk of health care workers contracting the virus grows. Students are learning online, and Local governments know best As we’ve watched the virus private companies are shoring up about community needs and spread, we’ve also watched how connectivity. about ways to meet them. leaders respond and residents The legislature has authority Rules and regulations, no matter react. We learned from the outset to appropriate funds as needed. how well-intentioned, often lead government has a role, an im- Because of smart fiscal decisions, to restriction of freedoms, innova- portant one, to protect the public North Carolina has a substantial tion, and efficiency. If CON laws health and safety and to imple- amount of money in its rainy- are a barrier to access to health ment measures in emergency day fund and in unreserved cash care, let’s repeal them. If telemed- situations. balance to offer immediate help, icine offers a good way to provide Some officials and entities do additional funding over the com- health care, let’s allow more of it. it better than others. Distributing ing months, and money for next If qualified medical providers from information, allocating money, year, when we may very well face other states can provide health and enacting emergency measures reduced revenue. care in an emergency, why not all clearly fall under government Oftentimes, the best thing gov- the time? Why not extend license purview, but we also know govern- ernment can do is to get out of the reciprocity to all professions? If ment is often slow, inefficient, and way, either to remove restrictions waivers from federal regulations bulky. it put in place or to make way for ensure better health care, why not Congress approved an $8.5 bil- the private sector to step in and do remove the regulations? If online lion emergency spending package what it does best. learning offers more opportunity to help curb and slow the spread of Local doctors and pharma- for students, let’s explore ways to coronavirus. Subsequent stimu- cists are stepping up to close the use it even more, and let’s welcome lus packages address economic COVID-19 testing gap. Private competition between technology assistance for hospitals, small companies are donating tens of innovators and providers in the businesses, displaced workers, and PHOTO FILE millions of dollars for relief and private sector. harmed industries. The president’s ONLINE LEARNING. Students are learning online, and private companies medical efforts. Charter Commu- North Carolina can be a na- are shoring up connectivity. declaration of a state of emergency nications and K-12 are examples tional model for dealing with this frees billions more. of companies and entities that crisis. Our government can enact The federal government has are stepping up, offering free measures to protect public health waived interest payments on service to students whose parents and safety and provide resources student loans. Some Medicare, cy, Gov. Roy Cooper closed K-12 Local governments are allocat- are new broadband customers. we need while North Carolinians Medicaid, or CHIP requirements schools, ordered bars and restau- ing money and delivering some Restaurants are offering free are coming together to help North are waived. Medications and rants to close — except for takeout services virtually to address meals to kids out of school. People Carolinians. vaccine trials are on a fast track for and delivery — restricted gather- needs in their communities. Local are buying gift certificates for We’ll get through this. When approval and distribution to people ings of people, requested federal school boards are getting food to goods and services they’ll use it’s over, there will be changes and testing positive for the corona- money to help small business students and providing child care later to shore up small businesses opportunities to re-evaluate roles virus. Tax deadlines have been owners, and eased unemployment where needed. today. Sports teams and athletes of government, the private sector, extended, aid to small businesses benefit requirements for people North Carolina waived certif- are making sure arena workers are and individuals in our everyday are sped up, and medical research who are out of work. Most govern- icate-of-need restrictions that paid. lives. Disruption, though pain- is fast-tracked. ment offices are now virtual, and capped the number of hospital NextDoor, a neighborhood ful, can lead to innovation and State government has acted, nonessential state services are beds allowed. The governor also networking app, is packed with enhance opportunity. We should too. Declaring a state of emergen- suspended. waived N.C. license requirements people offering to run errands, embrace it.

www.carolinajournal.com CAROLINA JOURNAL // APRIL 2020 19 COMMENTARY Case of highway drug bust offers interesting split within N.C. Supreme Court

ter dog food in a car to throw off majority seems to answer this drug-sniffing dogs.) question no, holding that asking “The majority fails to offer for permission to ask a few more any explanation as to why these questions unlawfully prolongs factors — when looked at togeth- the traffic stop. In so holding, the er — were not enough to meet the majority removes a long-standing MITCH KOKAI relatively low standard necessary important law enforcement tool, SENIOR POLITICAL ANALYST to establish reasonable suspicion,” consent to search.” JOHN LOCKE FOUNDATION Davis writes. “Instead, the major- “A traffic stop can be lawfully ity examines each factor individ- extended based on reasonable sus- ually and in isolation despite the picion or consent,” Newby adds. In udicial candidates on the wealth of case law cautioning addition to the factors for reason- campaign trail in North Carolina against such an approach. Not sur- able suspicion articulated in Davis’ tend to avoid harsh criticism of prisingly, the majority fails to cite dissent, “I would also uphold the Jtheir opponents. In contrast, writ- any case in which either this Court search of the car based on defen- ten judicial opinions often feature or the United States Supreme Court dant’s consent to prolong the stop pointed jabs. has held that reasonable suspicion to answer a few more questions The N.C. Supreme Court’s recent was lacking in the face of anything and the subsequent valid consent decision in State v. Reed offers a JUSTICE MICHAEL MORGAN: “The JUSTICE MARK DAVIS: “The majority close to the combination of circum- to search the car.” good example. officer impermissibly prolonged the fails to offer any explanation as stances presented here.” Morgan responded to his The case stems from a 2014 traffic stop without a reasonable, to why these factors ... were not “Here, the undisputed evidence colleagues’ criticism. “[W]hile traffic stop that turned into a drug articulable suspicion to justify his enough to meet the relatively low showed that Trooper Lamm is an the dissenters couch our decision bust on Interstate 95 in Johnston action.” standard necessary to establish experienced law enforcement offi- in a manner which they view as County. The issue North Carolina’s reasonable suspicion.” cer who has been employed by the creating uncertainty among law highest court addressed in a Feb. 28 State Highway Patrol for over 11 enforcement officers and upsetting ruling was whether evidence in the years, three of which were spent in established law regarding the con- drug case should have been thrown never offered Reed the chance to the drug interdiction unit,” Davis cepts of reasonable suspicion and out because a State Highway Patrol go. The debate surrounding adds. “I believe the majority errs consent to search, their collective trooper violated a driver’s Fourth Lamm’s testimony also indicated in failing to take into any account desire to extend and to expand Amendment rights. he would have continued to detain State v. Reed might whatsoever his training and expe- the ample discretion afforded to Defendant David Michael Reed Reed, even if Reed had refused offer voters more rience upon being confronted by law enforcement officers to utilize was driving 78 miles per hour in a a request to search the rental clarity about where these circumstances.” their established and recognized 65 mph zone when Trooper John vehicle and had asked to leave. At Davis warns of potential authority in the development Lamm stopped him during a week- one point, a second state trooper these justices stand negative consequences for future of reasonable suspicion and the day morning rush hour. Reed had a arrived and positioned himself out- on issues linked to law enforcement work. “Under attainment of consent to search New York driver’s license and was side Lamm’s car door near Reed. law enforcement and the majority’s analysis, Trooper would constitute the type of legal driving a rental car. Reed’s fiancée Lamm secured the fiancée’s per- Lamm somehow acted unconsti- upheaval which they ironically and passenger had rented the car mission to search the car. He found Fourth Amendment tutionally simply by responding in claim our decision in this case in her name. The rental agreement enough cocaine in the back seat rights. accordance with his training upon creates,” he writes. limited the car’s use to New York, to file trafficking charges. Reed his recognition of seven factors “Clarity regarding a detained New Jersey, and Connecticut. The pleaded guilty. He was sentenced that were suggestive of criminal individual’s freedom to leave couple were traveling with a pit to nearly six years in prison and a justify his action to do so and with- activity,” he writes. “Based on the serves to preserve and to promote bull, and dog food was scattered $100,000 fine. out defendant’s voluntary con- majority’s opinion, law enforce- the safety of both the motorist and along the car’s floorboard. Reed appealed, and a divided sent,” concludes Justice Michael ment officers in future cases who the investigating law enforcement While conducting the traffic panel of the N.C. Court of Appeals Morgan in his majority opinion. similarly observe a combination officer; the equivocal, presumptive, stop, Lamm had Reed sit in his pa- agreed the drug evidence never Chief Justice Cheri Beasley and Jus- of circumstances that they have and inarticulable observations of trol car, at one point ordering Reed should have been admitted into tices Anita Earls and Robin Hudson been taught to view as suspicious the trooper here which the dis- to close the door. After confirming court. Two of three appellate judg- joined Morgan. will presumably be forced to ignore senters would implement as legal information about the car rental, es concluded Lamm never should The case produced two separate their training and forego further standards would serve to detract Lamm indicated that the traffic have extended the traffic stop past dissents. Justice Mark Davis, joined investigation for fear of being from such clarity.” stop was over. He planned to write the point of deciding to issue the by colleagues Sam Ervin IV and deemed to have acted without Davis, Newby, and Beasley all Reed a warning ticket. warning ticket. Paul Newby, chastises the majority reasonable suspicion.” appear on the November election At this point, Lamm said, “I’m In its first 4-3 split ruling this for concluding that Lamm had no Newby chimes in with a separate ballot. The debate surrounding going to ask you a few more ques- year, the Supreme Court agreed reasonable suspicion about Reed. dissent. “After the paperwork has State v. Reed might offer voters tions if it is OK with you.” Lamm with the Appeals Court’s majority. Davis cites seven different facts been returned at the end of a traffic more clarity about where these jus- testified during Reed’s trial that “The officer impermissibly pro- in the case that were consistent stop, can an officer ask an individ- tices stand on issues linked to law Reed had been free to leave at that longed the traffic stop without a with drug-dealing activity. (Among ual for consent to ask a few more enforcement and Fourth Amend- point, but the trooper admitted he reasonable, articulable suspicion to them: Drug dealers often scat- questions?” Newby asks. “The ment rights.

THIS IS WHAT OPPORTUNITY LOOKS LIKE. Learn more online at: www.carolinajournal.com/series/opportunity-scholarships 20 CAROLINA JOURNAL // APRIL 2020 FROM THE PUBLISHER CARTOONS

We’re seeing the results now, as free from burdensome licensing Freedom’s state leadership relaxes regulation requirements and regulations. and saves lives. We’re witnessing Imagine a North Carolina where moment in the creativity and innovation of worker freedom is enshrined in our the private sector from bringing constitution. These are just a few online classes to kids to telemedi- examples. There will be more free- time: ‘Now cine to doctors opening their own dom-forward policy suggestions. drive-through clinics. Some com- Naturally, we’ll have detrac- panies already have changed their tors who desire a very different go out there business model to survive. state that preys on collective fear, When we put our faith in the seeing this crisis as their opportu- and take it’ brilliance of individual ingenuity nity to force us into a top-down, versus the command and control governmental command-and-con- of a massive bureaucratic state, we trol regime. continued from PAGE 2 solve problems and people thrive. They’ve already published their We can’t stop every crisis from goal to “seize the initiative in happening, but we can create an building new, strong, and lasting that my John Locke Foundation atmosphere of freedom that en- systems that are largely insu- colleague Jon Sanders nailed in courages creativity and innovation lated from the political fray and a recent blog post. “This isn’t a to lessen the impact. designed to work automatically fight we expected, but know this: As we rebuild our economy, we — regardless of who is in power.” It’s a war a free society is unique- have a once-in-a-lifetime moment These systems are to be “global” ly geared to win.” He goes on to to expand freedom. in scope, stripping us of our state quote President Reagan in his first Imagine a North Carolina with and national identity and leaving inaugural address: “We as Amer- no certificate-of-need laws, where us with no recourse to vote these icans have the capacity now, as doctors decide what equipment “systems” out of power when the we’ve had in the past, to do what- they need to best treat their controlling body becomes tyranni- ever needs to be done to preserve patients. cal or unresponsive to our needs. this last and greatest bastion of Imagine a North Carolina where Of course, there is a role for freedom.” parents have a slew of unrestricted government, as is clearly defined In a free society, with great chal- options on how best to educate in the U.S. and state constitutions. lenges comes great innovation. their children that aren’t depen- That’s the battle. At the John Locke Foundation, dent on a lottery or a limited As coach Herb Brooks said to the we didn’t wait for some grandiose, Opportunity Scholarship. 1980 USA hockey team that pulled centralized governmental plan to Imagine a North Carolina where off the Miracle on Ice, “Great deal with this crisis. Within days, taxpayers have a voice in the size moments are born from great our policy innovators released a and scope of government they opportunity.” Or, in our case, great series of free-market solutions to want and are willing to fund. challenge. We have a moment help elected officials make sound Imagine a North Carolina to usher in an era of expanded decisions as we all navigate these where every resident pursues a freedom. This is our time. Now we uncharted waters. profession of his or her choosing, must go out there and take it.

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Easy grades Believing rumors can be dangerous f you draw your information the actions of the police. Later, produce about current events only the mob converged on the execu- from politicians, news outlets, tive residence of Gov. Roy Cooper, and social-media influencers that where some protesters tore down hard Ishare your world-view, you will the American flag and burned it. be poorly informed. If you act on “Whose streets? Our streets!” that information, you and others they shouted. For the moment, at landings may come to regret it. least, they were right — appall- I could, of course, be talking ingly, outrageously right. continued from PAGE 2 about COVID-19. Not just in the I hope the ringleaders of the United States, but around the protests, and those who foolishly world, the amount of misinfor- followed their lead, will learn state’s Algebra 1 course from 2006 mation in the early stages of something from this incident and to 2016. Gershenson chose these the coronavirus outbreak was change the way they think and students because they had the mind-boggling. But today I’ll react to things they see on social same teacher for the whole year offer you a different example that media. and were required to take an end-of- happened here in North Carolina Alas, they may reject the

course test to assess their mastery just weeks ago. BROADCAST 17 NBC OF CAPTURE SCREEN lesson. But that doesn’t mean the of the subject. Around 6:45 p.m. March 10, MISINFORMATION. A large crowd of protesters gathered in Raleigh after rest of us have to reject it. For all 8,000 public school teach- police officers responded to a social media ringleaders spread false information regarding the arrest of Perhaps you would never ers covered in the study parameters, 911 call about a man flashing a Javier Torres in Raleigh. stomp your feet outside a mayor’s Gershenson averaged the grades gun at a group of other men at a house in the middle of the night. they gave their students and used shopping center in east Raleigh. Surely you would never tear a variety of statistical controls to When the officers arrived, they single shot, striking Torres in the rant. down a flag from the governor’s adjust for student background and found a 26-year-old named Javier abdomen. Political activists soon flocked mansion and burn it in the street. prior performance, teacher back- Torres. He had a pizza box in his The police subdued him, con- to the scene, comparing the inci- But when you see something out- ground and credentials, and other hands and a pistol tucked into his fiscated the gun, administered dent to prior, high-profile police landish in your news feed from a variables that might influence waistband. first aid, and called for an ambu- shootings in Raleigh and other like-minded friend, media outlet, grades. He then compared those When Torres saw the police, lance. He is charged with several cities around the country. or political figure, do you give it average grades to the performance he took off. At some point, he gun-related crimes. A large crowd of protesters instant credibility? of the same students on the end-of- drew his gun as he ran, rebuff- In the hours after the incident, soon formed in downtown Ra- Although we all have the course test for Algebra 1. ing repeated commands by the social media was full of misin- leigh. Some marched to surround impulse to believe people more if The idea, in other words, was to officers that he halt and drop his formation. Irresponsible people the homes of Raleigh’s mayor and they think the way we think, we see if the students of tougher-grad- gun. When Torres, still brandish- spread rumors that Torres was an police chief, demanding that the all also have the ability — and ing teachers were more or less likely ing the gun, ran directly at one unarmed 16-year-old kid shot in officials come out to listen to the the responsibility — to resist that to succeed than were students of of the officers, the officer fired a the back while leaving a restau- protesters’ grievances and defend impulse. easier-grading teachers — all other things being held equal. Gershenson’s results suggest CONSTITUTIONAL RIGHTS tougher grading practices are an ex- ample of “tough love.” By expecting more at the front end as a student Freedom extends beyond just words takes Algebra 1, the teacher makes it more likely that student will I AM ABOUT eventually achieve mastery in the as close as you toward violence as a means of set- subject. can get to a First Amendment In a free society, tling conflicts, obtaining resourc- On average, students assigned absolutist. When it comes to es, or exacting revenge. It has to the toughest-grading quartile of “the freedom of speech, or of the you should be free always been so. As far as anyone N.C. teachers scored 17% of a stan- press,” the framers of the consti- to make your own knows, it will always be so. dard deviation higher on the exam tutional amendment chose to be decisions about your The question becomes, then, than if those same students had unambiguous: “Congress shall how that propensity for violence been assigned to the easiest-grad- make no law” abridging these own life and that of is to be restrained and channeled ing quartile of teachers. And the freedoms. your family as long into institutions of justice rather benefits of higher academic expec- Add in the federal protection as you don’t infringe than into barbarity. To accept the tations extended across all racial against state abridgement of per- inevitability of government is to and family backgrounds. sonal liberty incorporated in the on the equal rights accept that one’s freedom of ac- That last point is particularly 14th Amendment, as well as the of others to do the tion may be limited to the extent important in light of another of Ger- state protection of “freedom of same. necessary to carry out legitimate shenson’s findings: Tougher grading speech and press” by the N.C. Con- ends of that government. That standards aren’t equally distributed stitution, and it should be obvious is, not only does my freedom to across public schools. Suburban to even the most obtuse politi- swing my fist end in the vicinity schools and those with relatively cians that they have no legitimate it would be expedient to confis- what you want, and to say what of your face, but I also have an low shares of poor students tend power to restrain our freedom cate your home, imprison your you want, but to act on it. obligation to surrender a portion to have teachers who give lower to say, print, broadcast, blog, or family members, and march you This is not just a quibble. To of my earnings to fund the en- grades. Rural and high-poverty tweet whatever we please. off to the gallows, he doesn’t suggest that freedom of speech is forcement of anti-fisticuffs laws schools tend to have teachers who I’m glad that free speech magically transform himself into the fundamental guarantor of lib- and other legitimate government give higher grades. receives such broad and deep a libertarian by asking if you’d like erty is implicitly to grant the right programs. As North Carolina students leave protection. But contrary to what to utter any last words before you of someone else to determine your My point is simply that max- high school for college or the work- some claim, freedom of speech is swing. scope of action. Sure, you may get imizing the freedom to speak, place, what matters most is how not the most important right en- In a free society, you should be to make your case to that authori- while valuable, is less important well they retain and apply what joyed in a free society. Protecting free to make your own decisions ty — but so does everyone else. than maximizing the freedom to they’ve learned, not how students freedom of speech, while praise- about your own life and that of I am no anarchist. Just as most act — which includes the right feel about themselves. Easy grades worthy, is far from sufficient. your family as long as you don’t human beings possess natural im- not to have to justify your actions early in life can set them up for a What’s more important? Free- infringe on the equal rights of pulses to trade, barter, reproduce, to the government. In other hard landing. dom of action. others to do the same. You have and entertain each other, there is words, it means the freedom to After all, if some tyrant decides the freedom not just to think also a natural human propensity say nothing at all. 22 CAROLINA JOURNAL // APRIL 2020 COMMENTARY Virus further exposes ABC system as flawed, irreparable

standing naked in the square, on the legal production of liquor in even the smallest of its flaws North Carolina. exposed for public view and It took some time — about 25 consumption. Now, probably more years, actually — before a small than ever, is the time to lay the group of impassioned women and sick patient on the table and bring men got to serious work. JOHN TRUMP out the knives, however sharp and All with myriad visions but sim- MANAGING EDITOR unforgiving. ilar goals. All with an eye toward The ABC system not only inhib- the state’s rich, moonshine-soaked its but rather brushes to waste any history. ’ve written volumes over the morsel of innovation or free will. Spurred, at least in part, because past few years about the way The ABC commission in Raleigh of looser rules governing beer and North Carolina controls dis- manages by fiat the onerous rules, wine, North Carolina’s first distill- tilled spirits. laws, and regulations surrounding eries began opening around 2005. IThere’s little need to recount the pricing, storage, distribution, and Today we have about 80, while many problems here, other than enforcement, yet leaves control along the way all have tripped to say the coronavirus and the over sales and selection to myriad over rotting wooden hurdles and ensuing consumer panic have ex- politically entrenched boards. old rules hard as granite. Some are posed the N.C. Alcoholic Beverage This disconnected system WICKED WHISKEY. Prohibition agents stand with a confiscated still and mason left by the wayside, an understood Control system for what is. removes any command and control jars. North Carolina’s ABC system was designed to appease county, town, and inevitability of the free market. It’s draconian and harsh. Arcane the state may have over the local religious leaders wary of the coming legalization of alcohol. But listen to their stories. and unfriendly to small producers boards, which have wrongly come North Carolina’s distillers and consumers. to depend on revenue from alcohol continue to face intransigent All of that. sales to prop up and replenish system, such as Virginia’s, would Kentucky legislature would allow ABC boards and a dearth of shelf But the ancient, unique-in-the- dwindling coffers. at least be a step forward. residents to order spirits — beer space. Always dodging the big U.S. system, in which 170 boards The boards continue operating Virginia is, like North Carolina, and wine, too — online for delivery guns of Crown, Beam, and the like. around the state control the flow the stores — as of this writing, an alcohol control state, of which to their homes. Conversely, Penn- Traveling the state for a chance to of liquor to consumers, is existen- anyway — sans conceivable there are 17 in the U.S. The Virgin- sylvania has closed its state-run place their products in far-flung tially flawed and irreparable. It’s rhyme nor reason. Some boards are ia ABC operates as an authority, liquor stores, and I fear North stores. Developing networks and beyond 80 years old, yet calling cutting hours, even as a growing though it still reports to the secre- Carolina isn’t far behind. partnerships to better traverse the it outdated is an insult to under- propensity to hoard intensifies. tary of public safety. The governor Black market, anyone? uneven and pockmarked roads laid statement. Some have ABC workers meet- appoints members to its board. N.C. distillers are now literal- over 80 years by scores of law- It’s all now become as clear as a ing customers at the door and The big difference, when com- ly fighting to survive, shifting makers and bureaucrats. Cajoling Carolina summer sky, preternatu- limiting access to store aisles. I paring Virginia’s system to North production to hand sanitizer and those lawmakers and bureaucrats rally blue and transparent. guess that’s OK if you’re loyal to a Carolina’s, is the absence of local brainstorming ways to sell their and simultaneously fending off The system of local ABC boards specific brand or product, but the boards. spirits from closed distilleries and prohibitionists and ideological — and, until just recently, their idea dissuades bourbon scouts or “Virginia ABC made a decision tasting rooms. Some are offering lobbyists. exponential growth — further customers seeking variety or a rare back in the late ’90s to operate drive-up service, while others Still, N.C. distillers marched on. muddies a monopolistic system surprise from venturing out. Why like a business, as close to a explore online options, although Some grew slowly, and some even twisted up in red tape. bother? private-sector business as they North Carolina now bans direct flourished, all the while clutch- The boards were created —when People can still get that cheap could,” Curtis Coleburn, who online sales. ing a collective, albeit worn and my long-dead grandfathers were bottle of vodka, but wasn’t the heads government relations for It’s dire, says one state business frayed, mantra: Rising waters lift still young and spry — to appease ABC system set up to curtail that the Virginia Distillers Association, owner. “I’ve accepted the fact all ships. county, town, and religious leaders type of consumption in the first has told me. that I’m completely done,” said Until they don’t. wary of the state’s moonshine past place? Virginia offers consumers an the entrepreneur. The supposed and the inevitable legalization of Some boards have made a way online catalog, applying to all cure for our ordeal, they told me, is John Francis Trump, Carolina wicked whiskey. for people to browse online, but stores, so people can search and wreaking untold havoc. Journal managing editor, is author Now, especially, the problems those are few. Private stores would find products before leaving home. A state of freefall. of Still & Barrel: Craft Spirits in the with the board system are left be best, but a centralized state A bill weaving its way through the In 1979, lawmakers lifted a ban Old North State.

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turned out to be nominal chal- loss of the governor’s mansion to learning the ropes. lenges. The party rallied around Roy Cooper in 2016 — albeit by Last year’s court-mandated Cunningham, and he vacuumed just 10,000 votes — and a surge of redistricting has also presented an up the money. Erica Smith, a state Democratic judges, including on incentive for Democrats to run for senator in her third term and Cun- a Supreme Court that now seats a the U.S. House. The Second and ningham’s “toughest” opponent, solitary Republican. Sixth districts are now thought ANDY TAYLOR found little solace in Super PAC Most of the prominent Demo- to favor Democrats instead of COLUMNIST ads from a Republican-leaning crats were already “spoken for” the GOP. Deborah Ross, who ran group touting her as Tillis’ oppo- going into the Senate campaign. respectably against incumbent nent in November. Attorney General Josh Stein is Sen. Richard Burr in 2016, won uper Tuesday has come and This is a puzzle. You would surely running for governor in the nomination for the Second in gone, and the Democrats get think the Democratic nomination 2024, when, even if he is re-elect- Wake County, and Kathy Manning, closer to anointing a presiden- for U.S. Senate would be extreme- ed, Cooper will have to step down who raised lots of money and tial candidate. In North Carolina, ly valuable. North Carolina is due to term limits. Stein’s perch is came close to winning the 13th in Swe have now selected the folks purple, and Democratic candidates an ideal one for a successful run at 2018, will be the Democratic can- running in down-ballot races this frequently win statewide office the state’s chief executive office. didate in the Sixth, situated in the fall. The contest for U.S. Senate will here — although the last time Cooper and a recent predecessor, Triad. The popular Dan McCready, be between incumbent Republi- they won a U.S. Senate seat was Mike Easley — who served two who nearly won the controversial can Thom Tillis and Democrat Cal in 2008. Whoever he faces this fall gubernatorial terms starting in Ninth District in suburban Char- Cal Cunningham Cunningham. — particularly if it’s former Vice 2001 — both headed the N.C. lotte in both 2018 and 2019, has Cal Cunningham: Not a name President Joe Biden — President Department of Justice. a profile much like Cunningham’s that rolls off a Tar Heel’s tongue. Trump will be in a competitive of emergency funds to help pay for The others are old and com- — he is, for example, an Iraq War If you have a good memory, you contest. Trump’s approval rating the border wall with Mexico. fortable. One product of gerry- vet. But he’s out of politics for the might recall the 2010 Democratic continues to decline in the state I’m not doubting Cunning- mandering is that minority-party time being. Senate primary when he took Sec- and is now in the 40s. ham’s resume or qualities. But his lawmakers get elected by large Cunningham can beat Tillis, a retary of State Elaine Marshall to Tillis is also quite unpopular. victory says a lot about where margins. Congressional Dem- possibility increased by the coro- a run-off. As the youngest legisla- Many North Carolinians are the state’s Democratic Party finds ocrats G.K. Butterfield, David navirus volatility. Recent polls are tor at the time, Cunningham also unsure of what they think of him, itself. The bench is thin. The Price, and Alma Adams won by conflicted on who’s leading. But served one term in the state Senate but at just 34% in a recent Morn- 2010s marked a decade of the 40, 48, and 46 percentage points, by nominating Cunningham, N.C. and served tours of duty with the ing Consult poll he has the lowest Republicans in North Carolina. respectively, in 2018. They are 72, Democrats reveal just how much Army in Iraq and Afghanistan. But figures of any sitting senator. The GOP had solid majorities in 79, and 73 years old. State Senate they need to stock their farm despite this — and his good looks Trumpistas don’t seem to have a the General Assembly, occupied Minority Leader Dan Blue was league. and stellar academic background — great deal of confidence in him, 10 of the 13 U.S. House seats and House speaker in the early 1990s he’s hardly someone even well-in- particularly since he wrote an op- both Senate slots since 2014, and but is now 70. State House Dem- Andy Taylor is a professor of political formed citizens know much about. ed, now effectively retracted, for slowly expanded its presence on ocratic leaders, Darren Jackson of science at the School of International It’s not as though his primary the Washington Post in February the Council of State. The only real Wake County and Robert Reives and Public Affairs at N.C. State victory was a fluke. He faced what 2019 criticizing the president’s use negatives for the party were the of Durham, are young but still University. Could a virus take down the economy?

To date (mid-March), the num- Countries with sick or confined coronavirus, there are questions cessful, the likelihood of investor bers of infections and deaths in workers can’t make these prod- about when these sales will occur. losses will be high. the U.S. and worldwide have been ucts, which means U.S. businesses Spending of consumers drives One piece of good news is that relatively small. There’s also some reliant on those products can’t use the economy. Significant declines the economy was strong before evidence the apparent origin of or sell them. Such a break in the in consumer spending are usually the coronavirus hit. Still, many MICHAEL WALDEN the virus — China — has con- “supply chain” can curtail domes- the most direct cause of reces- economists think the accumulated COLUMNIST tained the outbreaks. tic firms’ sales and profits, possibly sions. Consumers reduce spending economic effects of the virus could So if the virus is not that bad, leading to worker layoffs. if their incomes fall, for example, easily cause the economy to con- why has our daily reading of the On the flip side, many U.S. as a result of higher unemploy- tract in the first quarter (January THE CORONAVIRUS has been economy — the stock market — businesses, such as manufacturers ment. But consumers can also through March). This would not dominating the headlines for reacted so negatively? This is be- and farmers in North Carolina, reduce spending simply as a result create an official recession — two weeks, and people are worried. cause even without large numbers rely on selling products in foreign of fear. That is, nothing actually consecutive contracting quarters The worry is understandable. of infections and deaths, the virus markets. With the signing of an “bad” has to happen. Instead, if are usually required — but it would Viruses are scary things. I’ve can still have adverse business initial trade agreement with China there are widespread worries that be the first quarterly reduction in read my share of medical thrillers and personal economic impacts. late last year, there’s been opti- something very bad has a high six years. based on some new virus spread- These economic impacts come in mism foreign sales of U.S. products chance of occurring, that’s enough My conclusion is the corona- ing throughout the globe, killing four forms: from the reduced avail- would increase. Now, with the for consumers to cut back on virus should be monitored, and millions, destroying businesses, ability of products from infected spending. The coronavirus could precautions should continue to and almost ending civilization countries, from reduced sales to do this. be taken to prevent its spread. A until heroes contain it at the last those same countries, from chang- Last is the impact of the reduction in new cases would be a minute. es in consumer spending based virus on the stock market. sign the virus is running its course. We only have to look back 100 on fears about the virus, and One thing the stock Also, don’t be surprised if the econ- years to find a real example of from changes in financial market absolutely omy takes a couple of backward what an unchecked virus can do. markets, particularly the does not like is un- steps. But if we’re careful — and The 1918-20 influenza pandemic, stock market. Let me certainty. Until lucky — the backward steps don’t also known as the Spanish flu, explain and evaluate we have a good have to send us over the edge to a killed at least 50 million people each. idea of how full-fledged recession. An ear- worldwide, with some estimates In today’s glo- much the ly-year pause in growth can set the putting the number as high as 100 balized economy, virus will stage for a strong comeback later million. In the U.S., almost one out many products spread and in the year. of three people became infected, we buy — from whether and 500,000 died. Even for those clothing to toys contain- Michael Walden is a William Neal who survived, there were numer- to electronics ment Reynolds Distinguished Professor ous cases of long-term physical — are made in efforts will at N.C. State University. He does not disability. other countries. be suc- speak for the university. 24 CAROLINA JOURNAL // APRIL 2020 HEALTH CARE Assessing the future of Obamacare one of the original challenges to its goals. As I have written in these the ACA failed when the Supreme pages before, it’s even more crucial Court held the individual mandate now that congressional Republi- was legal because it fell under cans show an interest in reforming Congress’ power to tax. the health care system instead of Following the elimination of the just criticizing the shortcomings of JORDAN ROBERTS tax penalty, 20 Republican state Obamacare. HEALTH CARE POLICY ANALYST attorneys general, governors, and Those on the left have dominat- JOHN LOCKE FOUNDATION a few individuals filed suit alleging ed the health care debate in recent the elimination of the tax made the years, and those on the right have individual mandate unconstitu- ceded ground in this important olls consistently show health tional; therefore, the court should policy arena. Traditionally, con- care is one of the top issues strike down the entire law. A gressional Republicans have been among likely voters. It’s no district judge in Texas agreed with unable to coalesce around a clear surprise, given the vast sum that the plaintiffs and did strike down vision for the future of the Amer- PAmericans spend on health care the law. An appeal of this decision ican health care system. Nowhere each year, about $3.6 trillion in moved the case in front of a three- was this more apparent than when 2018. While it was already likely judge panel in the U.S. Fifth Circuit Sen. John McCain gave his famous that health care would remain as Court of Appeals. The judges “thumbs down” vote on the floor one of the top issues for voters agreed that, indeed, the individual of the Senate while voting on the during this election, an unexpect- mandate was now unconstitution- future fate of Obamacare. Now, ed turn of events will ensure this is al, but disagreed with the district it’s more important than ever for the case: The Supreme Court has judge that the entire law should ACA back as one of the defining ing power? If so, can this piece be congressional Republicans to rally agreed to hear a fresh challenge be struck down. This decision was issues in the upcoming election. severed from the rest of the law, or around a health care plan they can to the Affordable Care Act, or then appealed to the U.S. Supreme So what does this mean for the should the whole law be scrapped? bring to the American people as a Obamacare, in 2020. Court, where the justices agreed to future of the law? This nonattor- Much of the outcome will depend meaningful alternative. Several events led us to where add the case to the 2020 docket. ney observer sees a few possible on how the justices answer these Obamacare’s future remains we are today. Rewind to 2017. Con- What this means is there’s a scenarios. It’s going to come down questions. uncertain. But what is certain is gress passed the Tax Cuts and Jobs chance the Supreme Court will to the questions of standing and While a legislative method of the effect, financial sustainabili- Act, which included a provision hear oral arguments sometime severability. First, do the plaintiffs repealing the law would be much ty, and legality of the law will all that zeroed out the tax penalty for around the 2020 election. There in this case even have standing to more preferable than a court be thrust back into the national Obamacare’s individual mandate, likely won’t be a decision until sue? If so, the question would then striking down the law, I believe the debate during the 2020 election as the provision in the law forcing sometime in 2021. But one certain move to the individual mandate. Is law needs to be repealed in favor President Obama’s signature piece people to buy insurance or pay a thing is the case will catapult the individual mandate unconsti- of a far less centralized system. of policy is again challenged in penalty. Readers may remember health care and the future of the tutional now that there is no tax- Obamacare hasn’t accomplished court.

LEARN MORE ABOUT OUR RESPONSE TO COVID-19 Visit johnlocke.org for a series of articles detailing the free market solutions proposed by the John Locke Foundation that are already being implemented by North Carolina leaders.