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ERIE COUNTY, NY (WKBW) – Supreme Court Justice Henry Nowak on Wednesday announced that restaurants in Erie County, which have sued the state over its Orange Zone restrictions, may temporarily reopen them. restaurants inside with a permanent decision expected next week.
These restaurants are to operate under the yellow zone restrictions as per the judge’s decision, allowing indoor and outdoor dining with a maximum of four people per table.
“Let’s do it the right way, let’s lead by example,” said Brandon Carr, owner of The Quarter, one of the costumed restaurants. “Stay at 50% capacity, make sure tables are apart, masks are on when they’re not seated, and do this appropriately for everyone.
Thirty-seven restaurants filed a lawsuit against Gov. Andrew Cuomo and other state health and legislative officials over closures in the Orange Zone of Erie County on December 24. The list quickly expanded to over 90 restaurants.
“It’s about seeing the customer, it’s about watching your customers interact with your employees, especially regulars,” said Paul Santora, owner of Santora’s Pizza Pub and Grill Restaurants. “It’s the coolest thing you’ve ever seen, it’s like watching Cheers sometimes.”
In his ruling, Nowak J. wrote in part: “In view of the case presented, this court cannot find evidence that the state had a rational basis for designating parts of Erie County as an Orange Zone on November 18. 2020. “
He also said restaurants have shown that the Orange Zone causes hardship for residents, unemployment and loss of income.
On January 9, the state and restaurants presented their cases to court. Judge Nowak said he would need more time to make a decision. Lawyers for HoganWillig, representing the restaurants, asked the restaurants to reopen under the same state leadership in June. Lawyers for the state said they were relying on the CDC’s advice, classifying indoor meals as high risk.
On December 28, New York State Supreme Court Judge Nowak said the state must compromise on COVID-19 restrictions on bars and restaurants. Neither the state nor the restaurants were prepared to compromise.
Lawyers for HoganWillig have said the governor’s closing of indoor restaurants is unconstitutional. The lawyers said it violated the owners’ rights to earn an honest living.
On December 11, during his press briefing, Governor Cuomo said bars and restaurants, statewide, accounted for just 1.43% of COVID-19 cases. Cuomo said 73.84% of COVID-19 cases come from family or social gatherings.
Lawyers said the government could not maintain the closure of restaurants inside because restaurants were not shown statistically to be the cause of the spread of COVID-19.
State officials said they sympathized with the restaurant’s financial losses, but were on the side of saving lives. The state has said not allowing meals indoors is one way to prevent the spread of COVID-19.
The following restaurants were listed by decision of the judge, dozens more were also part of the trial
AC + J RESTAURANT, INC. D / b / a THE PEPPERMILL RESTAURANT
ALFIERI DUQUIN, INC.
AMHERST PIZZA & ALE HOUSE, INC.
BANCHETTI BY RIZZOS, INC., D / b / a BANCHETTI BY RIZZO’S
BILL SHAFLUCAS, LLC, d / b / a BREW BUS BUFFALO and DJ TRIVIA OF WNY
BOTTOMS UP V, LLC d / b / a BAS UP
BEST RESTAURANT IN BUFFALO, 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 ET LANES, INC.
COLONY LOUNGE, INC. D / b / a COLONY LOUNGE
CRITCHEN, LLC, d / b / a THE CRITCHEN
DA BADA, INC. D / b / a BAR AND BADABING GRILL
DADDY GOO GOO, LLC, d / b / a CASA DI FRANCESCA’S
DDF RESTAURANTS, INC. D / b / a FAMOUS WINGS DE DUFF
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 RESTAURANT GERTIE
GREEK TO ME RESTAURANT, LLC, d / b / a GREEK TO ME RESTAURANT
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 THE FAMOUS WINGS OF DUFF
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
BUFFALO LOCAL, LLC
LOCAL GRILLE & CATERING, LLC
LYONS, BIGGANE, INC. D / b / a THE 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 DINNER
MATILDA BIRD, LLC d / b / a LE 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 PIE, 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
CASA DI ITALIA DE RIZZO, INC., D / b / a CASA DI ITALIA DE RIZZO
RUSSELL M. BRAUN, INC. D / b / a SMOKIN LITTLE DINER
SANTORA PHASE II, LLC
SANTORA’S PIZZA PUB AND GRILL, INC.
SCOTT A. JARGIELLO d / b / a CAMPFIRE GRILL
SCHWEIS SPRINGER, LLC, d / b / a MAISON EBENEZER ALE
SHOWNY, LLC d / b / a SCULPTURE HOSPITALITY OF WNY
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, INC.
SUNNY’S DRIVE IN, INC., D / b / a NINA’S CUSTARD
SUNNY’S DRIVE AT TRANSIT, INC.
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 CUISINE TETON and CUISINE TETON ELMWOOD
THE DEFIELDS CORP. D / b / a
THE FIRE HOUSE SPORTS BAR & GRILL
The Howling Rooster, LLC
THE ORIGINAL HOME OF ORCHARD PARK PANCAKES, INC.
THE ORIGINAL HOME OF WILLIAMSVILLE PANCAKES, INC.
TRACY STREET PRODUCTIONS, INC.
WILLIAM JAMES DEVELOPMENT CORP. D / b / a RODNEY’S RESTAURANT
WNY BEER CLUB, LLC d / b / a RUSTY NICKEL BREWING CO.
WNY RESTAURANT SYSTEM d / b / a DUFF’S FAMOUS WINGS
3G ENTERTAINMENT, INC., D / b / a MANOR LANES
23 S. BUFFALO ST., INC. D / b / a TEA FOR HOUSE BAR AND GRILL
99 BRICK OVEN BAR AND GRID, LLC
3989 MAIN STREET, INC. D / b / a, BRUNNER’S TAVERN
SCORES OF 5111 GENESEE ST., INC. D / b / a
5786 TRANSIT RD., INC. D / b / a FIELDSTONE COUNTRY INN, and
8444 TRANSIT RD., LLC d / b / a TAVERN AT WINDSOR PARK
Orange Zone restaurants not named in the lawsuit will still be closed for indoor dining.
“The court ruling only applies to our clients,” said Corey Hogan, partner at HoganWillig. “I don’t know what the governor’s intentions will be now that maybe 80 restaurants will be open in Erie County and many more will not be allowed to operate.”
A state spokesperson told 7 Eyewitness News it was reviewing the decision.
The next step is a court hearing on Tuesday, before the judge decides whether this decision will be permanent.
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