ERIE COUNTY, NY (WKBW) – Supreme Court Judge Henry Nowak announced that Wednesday’s restaurants in Erie County that sued the state over Orange Zone restrictions could temporarily reopen in-house restaurants with a permanent decision expected next week. .
These restaurants must operate under the restrictions of the Yellow Zone according to the judge’s decision, which allows internal and external meals with a maximum of four people per table.
“Let’s do it right, let’s set an example,” said Brandon Carr, the owner of The Quarter, one of the restaurants in suits. “Stay at 50% capacity, make sure the tables are far apart, mask when they are not sitting, and we will do it properly for everyone”.
Thirty-seven restaurants filed a lawsuit against Governor Andrew Cuomo and other state health and legislative officials over the closures in the orange zone of Erie County on December 24. The list grew rapidly for more than 90 restaurants.
“It’s about seeing the customer, it’s about watching your customers interact with their employees, especially regulars,” said Paul Santora, owner of Santora’s Pizza Pub and Grill. “It’s the coolest thing you’ve ever seen, sometimes it’s like watch Cheers. “
In his ruling, Judge Nowak wrote in part: “Considering the registration filed, 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 that restaurants have demonstrated that the orange zone has caused residents suffering, unemployment and loss of revenue.
On January 9, the state and restaurants filed their cases in court. Judge Nowak said he would need more time to make a decision. HoganWillig’s lawyers, representing the restaurants, asked the restaurants to reopen under the same state guidance set in June. State lawyers said they are counting on CDC guidance, classifying in-house restaurants as high risk.
December 28, New York State Supreme Court Judge Nowak said the state must commit to COVID-19’s restrictions on bars and restaurants. Neither the state nor the restaurants were willing to give up.
HoganWillig’s lawyers said the governor’s closing of internal restaurants is unconstitutional. The lawyers said it violates the owners’ rights to earn an honest living.
On December 11, during his press conference, Governor Cuomo said that bars and restaurants across the state account for only 1.43% of COVID-19 cases. Cuomo said that 73.84% of COVID-19 cases come from families or social gatherings.
Lawyers said the government cannot prevent the closure of indoor restaurants because, statistically, restaurants are 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 that not allowing meals in closed environments is a way to prevent the spread of COVID-19.
The following restaurants were listed in the judge’s decision, dozens of others were also part of the action
RESTAURANT AC + J, INC. D / b / a PEPERMILL 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 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 SHARE KITCHEN + BAR ROOM
CHICK’S RESTAURANT AND LANES, INC.
COLONIE LOUNGE, INC. D / b / a COLONIE LOUNGE
CRITCHEN, LLC, d / b / a THE CRITCHEN
DA BADA, INC. D / b / a BAR AND GRILL OF BADABING
DADDY GOO GOO, LLC, d / b / a CASA DI FRANCESCA’S
DDF RESTAURANTS, INC. D / b / a DUFF’S FAMOUS WINGS
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
GREEK RESTAURANT FOR ME, LLC, d / b / a GREEK RESTAURANT FOR 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 WINGS
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 DINNER
MATILDA BIRD, LLC d / b / a O GLOBO
MCCANS, INC. D / b / a MOONEY’S SPORTS BAR & GRILL,
MGPUBLIC, LLC
MIKEYCATIE, INC. D / b / a ROOKIES SPORTS BAR
MKC RESTAURANTES, 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 TOMATE 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
RIZZO’S CASA DI ITALIA, INC., D / b / a RIZZO’S CASA DI ITALIA
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 CUSTARD NINA
SUNNY’S DRIVE IN 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 SCREAMING RESTAURANT OF GOATS
TBF ENTERPRISES, INC.
TETON SKY CORP. D / b / a TETON KITCHEN and TETON KITCHEN ELMWOOD
THE DEFIELDS CORP. D / b / a
THE FIRE HOUSE SPORTS BAR & GRILL
THE HOWLING ROOSTER, LLC
THE ORIGINAL PANCAKES HOUSE OF ORCHARD PARK, INC.
THE ORIGINAL WILLIAMSVILLE PANCAKE HOUSE, 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 FAMOUS WINGS OF THE DUFF
3G ENTERTAINMENT, INC., D / b / a MANOR LANES
23 S. BUFFALO ST., INC. D / b / a BAR AND GRILL OF THE HOUSE OF POUR
99 BRICK OVEN BAR AND GRILLE, LLC
3989 MAIN STREET, INC. D / b / a, BRUNNER’S TAVERN
5111 GENESEE ST., INC. POINTS 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
The restaurants in the orange zone not mentioned in the lawsuit will still be closed for meals inside.
“The court’s decision only applies to our customers,” said Corey Hogan, a partner at HoganWillig. “I don’t know what the governor’s intentions will be now that perhaps 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 he is reviewing the decision.
The next step is a court hearing on Tuesday, before the judge decides whether the decision will be permanent.