Lincoln County leader reopens restaurant despite being cited for defying stay-at-home order

LINCOLN COUNTY, N.C. — Lincoln County Board of Commissioners Chairman Carroll Dean Mitchem, who owns and operates Mitchem’s Kitchen, was cited Monday for violating Gov. Roy Cooper’s stay-at-home order by opening his restaurant’s dining room, the sheriff’s office said.

Despite being cited, the commissioner reopened the restaurant on Tuesday with some modifications.

He said they removed some tables for social distancing.

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“I think people are sick and tired of being hunkered down,” Mitchem said Monday night. “They are sick and tired of being told what to do.”

Mitchem said fighting a disease shouldn't shut down the economy.

“As a business owner, I stood up and said, ‘Enough is enough,’” he said.

After receiving complaints from the general public and conducting an investigation, Lincoln County Sheriff Bill Beam issued the citation at the beginning of Monday’s Board of Commissioners meeting.

Mitchem said he feels good that he took a stand.

“I was also sworn to uphold the Constitution of the United States when I was sworn in as a commissioner,” Mitchem said Tuesday.

The head of the county's Democratic Party said Tuesday she disagrees.

"What kind of example does this set for other citizens and for the young people of this county?" said Elaine Jenkins, chair.

People who make ordinances for the public to follow should not break the rules, she said.

"If we can pick and choose which laws we follow and which we don't, what does that say about our society?" Jenkins said.

Mitchem said it's not about laws. It’s about rights.

“I feel as though I'm a patriot bringing this to the table," he said.

Mitchem said he didn’t wait until Friday when the governor’s order could allow restaurants to open for indoor dining with restrictions.

He said the governor could change his mind and extend his order.

“I may not personally approve of all the emergency orders issued by Gov. Cooper, but North Carolina general statute allows provisions for Gov. Cooper to issue orders during a state of emergency,” said Beam. "North Carolina General Statute 166A states, ‘Local law enforcement shall enforce these orders.’”

Mitchem told Channel 9 he’s not mad at the sheriff for doing his job, but he doesn’t agree with the governor’s order.

He said he understands some people may expect him to set an example as an elected official and follow the Governor’s order, but he is proud of opening in spite of it, even if it means he faces changes.

Reporter Glenn Counts visited the restaurant Monday and said no one was wearing masks or social distancing.

"We wanted to support them,” customer Cathy Bergeron said. “We totally agree with them opening up."

“I think every business should be opened, and it’s up to me if I want to go out,” customer Wayne Bergeron said. “Me, myself -- I’m a diabetic, I had a heart attack, so I’d be in one of the high-risk groups. I’m gonna die someday. I don’t want to die in my home, because I’m locked in.”

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Mitchem posted on Facebook Sunday that the dining room was going to be open starting Monday, which is not allowed, according to the stay-at-home order.

[NC stay-at-home order eased with Phase 1 of reopening]

“And you can see by the business and the people here, everybody is very happy with it, and that’s why I done it,” Mitchem said.

The restaurant is at 6649 West Highway 27, in Vale.

Beam went on to say, “Gov. Cooper has the authority under 166A to remove elected officials. No law enforcement officer has the authority to decide which laws are and are not Constitutional. The North Carolina courts and ultimately the Supreme Court, makes these decisions. I have written Mr. Mitchem a citation for violation of Gov. Cooper’s Executive Order 138.”

Medical experts said that indoor gatherings are risky because it increases the chance that the virus can spread. That is a risk that everyone who showed up Monday was willing to take.

“I know him personally, and I know he would not put me or my family in any type of jeopardy,” customer Jeff Pariano said.

According to paperwork Mitchem showed Channel 9′s Ken Lemon, he can face up to a $1,000 fine if he is found guilty.

Violating the order is a misdemeanor charge so there is no possibility of an arrest or jail time.

The sheriff’s office can’t shut Mitchem down and it does not intend to charge the commissioner again.

Mitchem has a court date scheduled for Sept. 9.

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