Curfew lifted again for at least one Monroe County restaurant

Updated: March 01, 2021 11:29 PM
Created: March 01, 2021 12:48 PM

ROCHESTER, N.Y. (WHEC) — A Monroe County restaurant now has the green light to operate without COVID curfew restrictions in the wake of a court ruling Saturday.

Veneto's Wood Fired Pizza & Pasta in Rochester confirmed Monday it was one of more than 90 restaurants that can at least temporarily operate without the curfew due to an injunction filed by State Supreme Court judge Timothy Walker.

The decision was part of an ongoing lawsuit between the 94 bars and restaurants. Veneto and Robbie’s Bar and Grill in Greece were included in the lawsuit, the other restaurants are in Erie County. Justice Walker had previously issued a temporary restraining order to lift the curfew for establishments that were part of the lawsuit, effectively immediately. But, a federal judge chose to uphold the curfew just a few days later. In that ruling, the judge said the court understood the "financial; injuries" suffered by restaurants, but the law did support their preliminary injunction.

“I am so grateful that Judge Walker ruled in favor of restaurants and bars, he followed the science, as we keep being told to do," Donald Swartz, owner of Veneto Wood Fired Pizza & Pasta said. "When the science did not ?t the state’s narrative, they just ignored it.  I hope the hard work of HoganWillig will motivate the governor to lift the curfew for all bars and restaurants in New York.” 

Governor Cuomo extended the curfew from 10 p.m. to 11 p.m. just a few days after the federal judge's decision.

We're working to find out if Robbie's was included in the ruling. The state has not commented on the decision. 

View the full decision here.

Copyright 2021 - WHEC-TV, LLC A Hubbard Broadcasting Company