Florida based chain ZoomTan, has filed a lawsuit to re-open. The suit names Erie County Executive Mark Poloncarz, Governor Andrew Cuomo and Health Commissioner Dr. Gale Burstein as defendents.
The cluster shutdown currently means all Erie County customers, can still travel to other counties to tan at Zoom Tan’s there, they just can’t in Erie County.
Zoom tan has 13 locations in Erie County and is arguing that they are not classified as personal care, and should not be in the same category as barbershops and hair care, since tanning is contactless.
The chain will seek a temporary restraining order and the case goes to court December 2.