ERIE COUNTY, NY (WKBW) – Supreme Court Judge Henry Nowak announced Wednesday that restaurants in Erie County, which have sued the state over its restrictions in the Orange area, may temporarily reopen the indoor restaurant, with a permanent decision expected next week.
These restaurants must operate in accordance with the restrictions of the yellow zone, in accordance with the judge’s decision, which allows indoor and outdoor dining with a maximum of four people per table.
“Let’s do it the right way, set an example,” said Brandon Carr, owner of The Quarter, one of the restaurants in the suit. “Stay at 50% capacity, make sure the tables are spaced, the masks are on when they are not seated and we do this properly for everyone. ”
Thirty-seven restaurants have filed a lawsuit against Gov. Andrew Cuomo and other state law and health officials over the Dec. 24 closures in the Orange County area. The list has grown rapidly to over 90 restaurants.
“It’s about seeing the customer, it’s about watching your customers interact with your employees, especially regular ones,” said Paul Santora, owner of Santora’s Pizza Pub and Grill Restaurants. . ”
In his ruling, Judge Nowak wrote in part: “Given the case presented, this court cannot find evidence that the state had a rational basis for designating parts of Erie County as an orange area on November 18. 2020.”
He also said that restaurants have shown that the orange area has caused difficulties for residents, unemployment and loss of income.
On January 9, the state and the restaurants presented their files in court. Judge Nowak said he would need extra time to make a decision. Lawyers at HoganWillig, representing the restaurants, called on the restaurants to reopen under the same guidance from the state established in June. State’s attorneys said they relied on CDC guidelines, classifying indoor restaurants as high-risk.
On December 28, New York State Supreme Court Judge Nowak ruled that the state must compromise COVID-19 restrictions on bars and restaurants. Neither the state nor the restaurants were willing to compromise.
HoganWillig’s lawyers said the governor’s closure of the inner table was unconstitutional. Lawyers said this violates the rights of landlords to earn an honest living.
On December 11, during his press conference, Governor Cuomo said that state-owned bars and restaurants accounted for only 1.43% of COVID-19 cases. Cuomo said 73.84% of COVID-19 cases come from household or social gatherings.
Lawyers said the government could not keep the table closed inside because it had been statistically proven that restaurants were not the cause of the spread of COVID-19.
State officials said they sympathize with the restaurant’s financial losses, but are on the side of saving lives. The state said not allowing food inside is a way to prevent the spread of COVID-19.
The following restaurants were listed on the judge’s decision, with dozens more being part of the trial
AC + J RESTAURANT, INC. D / b / a PEPPERMILL RESTAURANT
ALFIERI DUQUIN, INC.
AMHERST PIZZA & ALE HOUSE, INC.
BANCHETTI BY RIZZOS, INC., D / b / a BANCHETTI BY RIZZO’S
BILL SHAFLUCAS, LLC, b / a BREW BUS BUFFALO and DJ TRIVIA OF WNY
BOTTOMS UP V, LLC d / b / a BOTTOMS UP
BUFFALO’S BEST CATERING, LLC
BUFFALO GRILL N ALE HOUSE, LLC d / b / a, BUFFALO GRILL N ALE HOUSE
BVPK, INC.
CAMPFIRE GRILL II, INC.
CARJONS RESTAURANT GROUP, INC. D / b / a Shared kitchen + BAR ROOM
CHICK’S RESTAURANT AND LANES, INC.
COLONIE LOUNGE, INC. D / b / a COLONIE LOUNGE
CRITCHEN, LLC, d / b / a CRITCHEN
DA BADA, INC. D / b / a BADABING BAR AND GRILL
DADDY GOO GOO, LLC, d / b / a CASA FRANCESCA
DDF RESTAURANTS, INC. D / b / a DUFF’S FAMOUS ALELE
DON BENOIT d / b / a PRESCOTT PROVISIONS
DVS PROPERTIES, LLC
D&R KAZ, INC. D / b / a KAZ’S BAR
EXPO MARKET, INC.
GALLERY EVENTS, LLC d / b / a VENU
GABRIEL’S GATE, INC.
GERTIES, INC. D / b / a GERTIE RESTAURANT
RESTAURANT GREEK TO ME, LLC, d / b / a RESTAURANT GREEN TO ME
GYPSY BOHEMIAN GROVE BAR, INC.
ICE HOUSE PUB, LLC, d / b / a ICE HOUSE PUB
JMB ENTERPRISES OF ERIE, INC. D / b / a MURPH’S WARSAW GRILL
JOHN DOE CORP.
KFEATHER5, LLC d / b / a DUFF’S FAMOUS ALELE
KMT MANAGEMENT, INC. D / b / a BUFFALO BREW PUB
KELLY’S KORNER, INC.
KOOKOOVAYIA, LLC, d / b / a DUFFS OF ORCHARD PARK
LADY BIRDS RESTAURANTS, LLC d / b / a THE BAYOU
LOCAL BUFFALO, LLC
LOCAL GRILLE & CATERING, LLC
LYONS, BIGGANE, INC. D / b / a BYRD HOUSE RESTAURANT
MALBEAT INC., D / b / a MALLWITZ’S ISLAND LANE
MAMBRINO KING WINE-COFFEE BAR, LLC
MANFURT & TORALTI RESTAURANTS, INC.
MARY SANTARINI d / b / a LONDA’S DINER
MATILDA BIRD, LLC d / b / a THE GLOBE
MCCANS, INC. D / b / a MOONEY’S SPORTS BAR & GRILL,
MGPUBLIC, LLC
MIKEYCATIE, INC. D / b / a ROOKIES SPORTS BAR
MKC RESTAURANTS, LLC d / b / s NEAT
MPR RESTAURANTS WNY, Inc. d / b / a SCHNITZEL & CO.
MUSTANG SALLYS SPIRITS AND GRILL, INC. D / b / a NY SHOWGIRLS
MY TOMATO PLATE, INC.
OVERPASS PUB, LLC d / b / a OVERPASS PUB
PHAROHS GC, INC.
RADCOL, INC. d / b / a RADIGAN’S
RAPHAEL’S CORP. D / b / a RAPHAEL’S
RIZOTTO, INC., D / b / a RIZOTTO ITALIAN EATERY
RIZZO’S HOUSE OF ITALY, INC., D / b / a RIZZO’S HOUSE OF ITALY
RUSSELL M. BRAUN, INC. D / b / a SMOKIN LITTLE DINER
SANTORA’S PHASE II, LLC
SANTORA’S PIZZA PUB AND GRILL, INC.
SCOTT A. JARGIELLO d / b / a CAMPFIRE GRILL
SCHWEIS SPRINGER, LLC, d / b / a EBENEZER ALE HOUSE
SHOWNY, LLC d / b / a WNY SCULPTURE HOSPITALITY
SMITH BUDUSON, INC. D / b / a ROBBIE’S BAR AND GRILL
SPORTS CITY PIZZA PUB, INC. D / b / a SPORTS CITY PIZZA PUB
STEEL CITY PUB, INC. D / b / a STEEL CITY PUB
SUNNY’S DRIVE IN, INC., D / b / a CUSTARDUL NINA
SUNNY’S DRIVE AND TRANSIT, INC.
TACO KITCHENS ELLICOTT, LLC d / b / a DEEP SOUTH TACO
TACO KITCHENS HERTEL, LLC d / b / a DEEP SOUTH TACO
TANTALUS, LLC, d / b / a GOAT RESTAURANT SHOUTED
TBF ENTERPRISES, INC.
TETON SKY CORP. D / b / a TETON KITCHEN and TETON KITCHEN ELMWOOD
THE DEFIELDS CORP. D / b / a
SPORTS BAR & FIREPLACE BAR
THE HOWLING ROOSTER, LLC
ORIGINAL HOUSE PANCAKE OF ORCHARD PARK, INC.
ORIGINAL PANCAKE HOUSE IN WILLIAMSVILLE, INC.
TRACY STREET PRODUCTIONS, INC.
WILLIAM JAMES DEVELOPMENT CORP. D / b / a RODNEY RESTAURANT
WNY BEER CLUB, LLC RUSTY NICKEL BREWING CO.
WNY RESTAURANT SYSTEM d / b / a DUFF’S FAMOUS ALLEMS
3G ENTERTAINMENT, INC., D / b / a MANOR LANES
23 S. BUFFALO ST., INC. D / b / a THE POUR HOUSE BAR AND GRILL
99 BRICK OVEN BAR AND GRILLE, LLC
3989 MAIN STREET, INC. D / b / a, BRUNNER’S TAVERN
5111 GENESEE ST., INC. D / b / a POINTS
5786 TRANSIT RD., INC. D / b / a FIELDSTONE COUNTRY INN and
8444 TRANSIT RD., LLC d / b / a TAVERN LA WINDSOR PARK
Restaurants in the orange area that are not mentioned in the process will continue to be closed for indoor dining.
“The court’s decision applies only to our customers,” said Corey Hogan, a partner at HoganWillig. “I don’t know what the governor’s intentions are now that maybe 80 restaurants will be opened in Erie County and many more will not be allowed to operate.”
A state spokesman told 7 Eyewitness News that it was reviewing the decision.
The next step is a court hearing on Tuesday, before the judge decides whether this decision will be permanent.