Tim Walton
The 40 Buffalo area restaurants that sued Governor Andrew Cuomo and County Executive Mark Poloncarz will now have the fate lay in the hands of a judge after the State refused to compromise to allow 50% capacity of indoor dining.
The restaurants, represented by Amherst law firm HoganWillig, filed a Christmas Eve lawsuit with hopes to reopen immediately. The judge gave the state a week to come up with a compromise to allow restaurants to re-open, or come back, with data to justify them staying closed.
The petition argued that by Cuomo’s own admittance, only 1.43% of COVID-19 cases came from bars or restaurants in comparison to 73.84% of COVID-19 cases, that came from homes and private gatherings.
Bars and restaurants for months had been ordered to close, or had been given a number of “nonsense” restrictions that at times seem to be hypocritical and baseless. Under Cuomo’s orders, when they were allowed to open, families of 5 could drive in the same car to a restaurant, but told they could only sit 4 to a table.
They also had to order food with a drink, while complying with the same social distancing measures that would be in place if they just order a beer.
The case goes before a judge on Friday where owners will seek a temporary restraining order at minimum to allow them to reopen immediately.
The establishments on the lawsuit include:
-AMHERST PIZZA & ALE HOUSE, INC., (AMHERST PIZZA & ALE HOUSE)
-BOTTOMS UP V, LLC d/b/a BOTTOMS UP,
-CAMPFIRE GRILL II, INC,
-DA BADA, INC. d/b/a BADA BING BAR AND GRILL,
-DDF RESTAURANTS, INC. d/b/a DUFF’S FAMOUS WINGS,
-DON BENOIT d/b/a PRESCOTT’S PROVISIONS,
-DVS PROPERTIES, LLC,
-GALLERY EVENTS, LLC d/b/a VENU,
-ICE HOUSE PUB, LLC, d/b/a ICE HOUSE PUB,
-JOHN DOE CORP.,
-KFEATHER5, LLC d/b/a DUFF’S FAMOUS WINGS,
-KMT MANAGEMENT, INC. d/b/a BUFFALO BREW PUB,
-LADY BIRDS RESTAURANTS, LLC d/b/a THE BAYOU,
-LYONS, BIGGANE, INC. d/b/a THE BYRD HOUSE RESTAURANT,
-MAMBRINO KING WINE-COFFEE BAR LLC,
-MARY SANTARINI d/b/a LONDA’S DINER,
-MCCANS, INC. d/b/a MOONEY’S SPORTS BAR & GRILL,
-MKC RESTAURANTS, LLC d/b/s NEAT,
-OVERPASS PUB, LLC d/b/a OVERPASS PUB,
-PHAROHS GC, INC., (PHAROAH’S GENTLEMAN’S CLUB)
-RAPHAEL’S CORP. d/b/a RAPHAEL’S,
-SANTORA’S PHASE II, LLC,
-SANTORA’S PIZZA PUB AND GRILL, INC., (SANTORO’S PIZZA PUB & GRILL)
-SCOTT A. JARGIELLO d/b/a CAMPFIRE GRILL,
-SHOWNY, LLC d/b/a SCULPTURE HOSPITALITY OF WNY,
-SMITH BUDUSON, INC. d/b/a ROBBIE’S BAR AND GRILL,
-TACO COCINE ELLICOTT, LLC d/b/a DEEP SOUTH TACO,
-TACO COCINE HERTEL, LLC d/b/a DEEP SOUTH TACO,
-TANTALUS, LLC, d/b/a THE YELLING GOAT RESTAURANT,
-TBF ENTERPRISES, INC.,
-TETON SKY CORP. d/b/a TETON KITCHEN and
TETON KITCHEN ELMWOOD,
-THE DEFIELDS CORPORATION d/b/a
–THE FIRE HOUSE SPORTS BAR & GRILL,
-THE HOWLING ROOSTER, LLC,
-WNY BEER CLUB, LLC d/b/a RUSTY NICKEL BREWING CO.,
-WNY RESTAURANT SYSTEM d/b/a DUFF’S FAMOUS WINGS,
-99 BRICK OVEN BAR AND GRILLE, LLC, (99 BRICK OVEN)
-5786 TRANSIT RD, INC. d/b/a FIELDSTONE COUNTRY INN, and -8444 TRANSIT RD, LLC d/b/a TAVERN AT WINDSOR PARK,
This case follows that of other similar ones including a suit filed by Buffalo gym owner Robby Dinero. Dinero was granted a victory yesterdayand is now able to open at 100%.
Additionally Zoom Tan as well as churches have won cases against the state. Another case has been filed by salons and barbershops as well that is still pending.
