Dinero 1, Cuomo 0.
Buffalo area gym owner Robby Dinero has won the first part of his lawsuit against New York State, and has received a temporary injunction. The injunction will prevent the State from enforcing the 25% capacity on his facility.
The suit, represented by prominent attorney Paul Cambria, was challenging the executive powers of Governor Andrew Cuomo. It additionally challenge the capacity limits on gyms.
Cambria in his arguments stated that by the State’s own admission, gyms only accounted for .06% of cases, compared to Walmart which is .61%.
Cambria pointed out that if Walmart is ‘safe’ to have no capacity limits, being a 10x greater spreader, then gyms, using the health measures that have been in place, should have no reason to be limited to 25% capacity.
Cambria told the judge that the State had no evidence or data backing up the 25% capacity and essentially referred to that number as being pulled out of thin air, by Cuomo, and one doctor.
The case study Cuomo used, referenced an Asian study, of gyms, where samples were taken prior to any health precautions in place, essentially making it apples to oranges.
Cambria, told the judge he believed these restrictions should be shot down across the whole state.
The temporary injunction, removes any limits of capacity for Dinero, pending further arguments by both sides, to determine a final ruling.
Cambria additionally argued that the governor has exceeded his authority beyond 30 days and that the restrictions were arbitrary and overly broad. The judge would not rule on that argument today and set a second hearing. That decision would impact all businesses state wide, and a further hearing has been set for February.
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