"Bureaucratic tyranny of the minority" challenged: Pink Hill's vote stands on mixed beverage referendum
PINK HILL - A recent legislative change has validated the mixed beverage referendum held in Pink Hill during the November 2022 election. Initially declared invalid due to the town not meeting the required 300 registered voters, the town had only 281, the will of the people is now upheld. Senate Bill 527, signed by Governor Roy Cooper on Monday, lowers the requirement to 200 registered voters and retroactively took effect on November 1, 2022.
“The people of Pink Hill voted to allow the sale of mixed beverages in their town, and the measure was passed by a supermajority of voters,” said Senator Jim Perry. “Members of the General Assembly believe the ABC Commission went outside of the bounds of their intended authority when they contemplated technicalities of an election process whose results were certified. Rather than engage in court battles, we decided to make a small change to the law to remedy this issue. This issue is not about someone liking, or not liking, the topic of the referendum. The will of the people should never be overridden by 'bureaucratic tyranny of the minority.' We righted a wrong with this legislation.”
Pink Hill Mayor Mike Horne expressed his satisfaction with the legislative change. “It is great news for the future growth of Pink Hill.”
Representative Chris Humphrey also commented on the importance of the legislative change. “I know this is an emotional issue. However, the will of the people was taken away due to an older state law. The Pink Hill Town Board voted unanimously to place a referendum on the ballot in 2022, and over 60% of residents voted in favor of the mixed beverage referendum. The new law, once enacted, will correct the majority’s wishes.”
Former Pink Hill Mayor Yvonne Deatherage, who alerted the ABC Commission to the discrepancy of the registered voters in the mixed beverage referendum election, disagreed with making the changes retroactive.
“What happened here shows why voters have such a distrust of politicians. The Pink Hill Town Board pushed through an illegal mixed-beverage election and placed it on the ballot before my tenure as mayor,” said Deatherage. “While the General Assembly has the authority to amend ABC laws, the town should rightfully hold a new mixed-beverage election under the new law. Making these changes retroactive to November 1, 2022, is not only cynical but also convenient. Those in the General Assembly who did this for their political cronies are rewarding incompetent and corrupt politicians.”
The bill, having garnered bipartisan backing in both the NC Senate (33 yays, 11 nays) and NC House (105 yays, 4 nays), was signed into law by Governor Cooper on Monday.
“I am so pleased that the Legislature representatives signed the ABC bill, it passed and our vision of a better economy for this community is being brought to life,” said Pink Hill Commissioner Pete Fantini. “People want variety, they want options, and they don’t want to have to leave their own town to find it. I’ve always advocated for businesses and their success and this bill will aide in that, as well as cater to more of the public. I want to thank those that supported it, understood the vision, and went the extra mile to help us be the squeaky wheel. The people spoke at election time and their voices have been upheld. This is a great day for Pink Hill. Let’s keep the momentum going!”
The mixed beverage referendum has been a contentious issue, with the ABC Commission previously stating it would not issue the necessary permits due to the town not meeting the registered voter requirement even though the election results were certified by the local board of elections. The new law now clarifies that the referendum is valid, aligning the town's regulations with updated state laws and resolving previous discrepancies.
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