Some local restaurants suing state over curfews await court decision

Updated: April 17, 2021 06:42 AM
Created: April 17, 2021 06:34 AM

ROCHESTER, N.Y. (WHEC) — Some local restaurants that sued the state over the 11 p.m. curfew were back in court on Friday.

According to our affiliates in Buffalo, attorneys representing the restaurants argued that the state did not give a valid reason for extending the curfew, while the state argued that indoor dining is still listed as a high-risk activity by the Centers for Disease Control and Prevention.

"We follow the rules at 3 p.m. We follow the rules at 3 a.m. It doesn't really matter who we are serving or what we are doing. We have issues of compliance that we have to deal with, and be responsible for, any time of the day or night," Melissa Fleischut, the president and CEO of the NYS Restaurant Association, told WGRZ.

State Supreme Court Judge Tim Walker previously ruled in favor of the restaurant owners in February to lift the curfew, but an appellate court later reinstated it.

As News10NBC has reported in the past, Veneto Wood Fired Pizza and Pasta on East Avenue and Robbie’s Bar and Grill, located in Greece is one of many Western New York restaurants that originally joined in a lawsuit filed against Cuomo. The suit aims to get the state to lift the current curfew on restaurants.

On Wednesday, Gov. Andrew Cuomo announced during his COVID-19 press conference, that the state will extend the 11 p.m. curfew for food and drinks until midnight. The new guidelines will go into effect on Monday.

Judge Walker said on Friday that he would have a decision by the end of the weekend. Judge Walker has ruled in favor of this same group of restaurants two other times.

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