ERIE COUNTY, NY (WKBW) – Supreme Court Judge Henry Nowak announced Wednesday that Erie County restaurants suing the state over the restrictions in the Orange Zone may temporarily reopen indoor dining with a permanent decision expected next week.
Those restaurants, according to the judge’s decision, must operate under the restrictions of the yellow zone, which allows for 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, the owner of The Quarter, one of the restaurants in the suit. “Stick to the 50% capacity, make sure the tables are remote, masks aren’t on them, and let’s do this the right way for everyone.”
Thirty-seven restaurants have filed a lawsuit against Governor Andrew Cuomo and other state law and health officials over closure in Erie County’s Orange Zone on Dec. 24. The list quickly grew to more than 90 restaurants.
“It’s about seeing the customer, it’s about seeing how your customers interact with your employees, especially the regulars,” said Paul Santora, owner of Santora’s Pizza Pub and Grill Restaurants. . “
In his decision, Judge Nowak wrote in part, “Given the record 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 the restaurants showed that the Orange Zone caused hardship for residents, unemployment and loss of income.
On January 9, the state and the restaurants presented their cases in court. Judge Nowak said he would need extra time to make a decision. HoganWillig attorneys representing the restaurants asked restaurants to reopen under the same guidance from the state in June. State attorneys said they rely on CDC guidance, classifying in-house dining as high risk.
Dec. 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 restaurants were willing to compromise.
Attorneys at HoganWillig said the governor’s closure of indoor dining is unconstitutional. Lawyers said this violates owners’ rights to earn a fair income.
On December 11, at his press conference, Governor Cuomo said bars and restaurants, statewide, make up 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 cannot keep the closure of indoor dining because restaurants have been statistically shown to not be the cause of the COVID-19 spread.
State representatives said they sympathize with the restaurant’s financial losses, but they are on the side of saving lives. The state said not allowing indoor dining is one way to prevent the spread of COVID-19.
The following restaurants were listed on the judge’s decision, dozens of others were also part of the lawsuit
AC + J RESTAURANT, INC. D / b / a THE PEPPER MILL RESTAURANT
ALFIERI DUQUIN, INC.
AMHERST PIZZA & ALE HOUSE, INC.
BANCHETTI BY RIZZOS, INC., D / b / a BANCHETTI BY RIZZOS
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 BADABING BAR AND GRILL
PAPA GOO GOO, LLC, d / b / a CASA DI FRANCESCA’S
DDF RESTAURANTS, INC. D / b / a THE FAMOUS WINGS OF DUFF
BENOIT d / b / a PRESCOTT’S 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’S RESTAURANT
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
LOCAL BUFFALO, 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’S DINNER
MATILDA BIRD, LLC d / b / a THE GLOBE
MCCANS, INC. D / b / a MOONEY’S SPORTS BAR & GRILL,
MGPUBLIC, LLC
MIKEYCATION, 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 CASA DI ITALIA, INC., D / b / a RIZZO’S CASA DI ITALIA
RUSSELL M. BRAUN, INC. D / b / a SMOKIN LITTLE DINNER
PHASE II, LLC from SANTORA
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 SCULPTURE HOSPITALITY FROM 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
SUNNY’S DRIVE IN, INC., D / b / a NINA’S CUSTARD
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 YELLING GOAT RESTAURANT
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 GRILL, LLC
THE ORIGINAL PANCAKE HOUSE OF ORCHARD PARK, INC.
THE ORIGINAL PANCAKE HOUSE OF WILLIAMSVILLE, 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 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, and
8444 TRANSIT RD., LLC d / b / a TAVERN AT WINDSOR PARK
Restaurants in the orange zone not mentioned in the lawsuit are still closed for indoor dining.
“The court decision only applies to our customers,” said Corey Hogan, partner at HoganWillig. to operate.”
A state spokesperson tells 7 Eyewitness News that it is reviewing the decision.
The next step is a court hearing on Tuesday, before the judge decides whether this decision is final.