Tim Walton
The New York Jets may not have the most loses in New York anymore. Supreme Court Judge Gerard Neri issued a preliminary injunction in favor of several billiard halls. The halls were suing New York State to be able to re-open.
Under NYS lockdown rules, they had been deemed non-essential and had been forced closed since mid-March.
The lawsuit was heard in New York State Supreme Court in Onondaga represented by The Mermigis Law Group. The halls claimed that they had their rights violated when the State deemed it safe to play billiards (pool), in a bowling alley, but not in a billiards hall. They argued the order was arbitrary and capricious. Allowing one and not the other was argued to be a constitutional violation without equal protection under the law.
Additionally the lawsuit state they were shutdown under executive orders established to flatten the curve. The motive was to prevent hospitals from becoming overwhelmed, not to eradicate the virus as whole.
The plaintiffs also noted that during one of Governor Cuomo’s press conferences, he stated “this is a public health issue and you don’t want people sick and dead”, followed by him thanking protestors for protesting by the thousands across New York City.
As a result of the ruling, they can now open at 50% capacity.
This is another victory of many for New York State businesses that have pulled off a sweep of victories this week. Pharaoh’s Gentleman’s Club in Buffalo won their lawsuit to have dancers, while Lasertron, ZoomTan, a gym, churches, and restaurants have all seen similar favorable victories.
You can view the full ruling below:
