ERIE COUNTY, NY (WKBW) – Supreme Court Judge Henry Nowak announced Wednesday that restaurants in Erie County that sued the state over orange zone restrictions may temporarily reopen restaurants covered with a permanent decision expected next week.
These restaurants must operate under Yellow Zone restrictions in accordance with the judge’s decision, which allows indoor and outdoor dinners with a maximum of four people per table.
“Let’s do it the right way, set an example,” said Brandon Carr, the owner of The Quarter, one of the suit’s restaurants. they are not sitting down and we are doing this in a way that is appropriate for everyone. “
Thirty-seven restaurants filed a lawsuit against Gov. Andrew Cuomo and other state law and health officials regarding stops in the Erie County Orange Zone on Dec. 24. The list grew rapidly to over 90 restaurants.
“It’s about seeing the customer, it’s about seeing how their customers interact with their employees, especially regular ones,” said Paul Santora, owner of Santora’s Pizza Pub and Grill Restaurants. “It’s the funniest thing you’ve ever seen. It’s like watching Cheers sometimes.”
In his ruling, Judge Nowak wrote in part, “Given the record filed, this court cannot find evidence that the state had a rational basis for designating parts of Erie County as an orange zone on the 18th. November 2020 “.
He also said the restaurants showed that the orange zone was causing hardship to residents, unemployment and loss of income.
On January 9, the state and restaurants filed their cases in court. Judge Nowak said he would need extra time to make a decision. HoganWillig’s attorneys, representing the restaurants, called for the restaurants to reopen under the same state guidance set in June. State attorneys said they trust the guidance of the CDC, which classifies indoor food as high-risk.
On Dec. 28, New York State Supreme Court Judge Nowak said the state must commit to COVID-19 restrictions on bars and restaurants. Neither the state nor the restaurants were willing to commit.
HoganWillig’s lawyers said the governor’s closure of the inner dining room is unconstitutional. Lawyers said this violates the rights of landlords to earn an honest living.
On Dec. 11, during his press conference, Governor Cuomo said bars and restaurants across the state account for only 1.43% of COVID-19 cases. Cuomo said 73.84% of COVID-19 cases come from domestic or social gatherings.
Lawyers said the government cannot keep the indoor dining room closed because it has been statistically proven that 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 not allowing indoor meals is one way to prevent the spread of COVID-19.
According to the judge’s decision, the following restaurants were indicated; dozens more were also part of the lawsuit
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 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 THE CRITCHEN
DA BADA, INC. D / b / a BADABING BAR AND GRILL
DADDY GOO GOO, LLC, d / b / a FRANCESCA’S HOUSE
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 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
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 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 HOUSE OF ITALY, INC., D / b / a RIZZO’S HOUSE OF ITALY, INC.
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 HOSPITAL SCULPTURE
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 NINA’S CUSTARD
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 THE GOAT RESTAURANT SHOUTING
TBF ENTERPRISES, INC.
TETON SKY CORP. D / b / a TETON CUINA and TETON CUINA ELMWOOD
THE DEFIELDS CORP. D / b / a
SPORTS HOUSE BAR & GRILL
THE ROOSTER HOWLING, LLC
THE ORIGINAL HOUSE OF PANCAKE OF ORCHARD PARK, INC.
THE ORIGINAL PANCAKE HOUSE OF 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 WINGS
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 SCORES
5786 TRANSIT RD., INC. D / b / a FIELDSTONE COUNTRY INN i
8444 TRANSIT RD., LLC d / b / a TAVERN A WINDSOR PARK
Orange area restaurants not mentioned on demand will remain closed for indoor dining.
“The court decision only applies to our clients,” said Corey Hogan, a partner at HoganWillig. “I don’t know what the governor’s intentions will be now that maybe 80 restaurants will open in Erie County and not many more will be allowed to operate.”
A state spokesman told 7 Eyewitness News that it is reviewing the decision.
The next step is a court hearing on Tuesday, before the judge decides whether that decision will be permanent.