Judge hears arguments for and against reopening WNY businesses, plans to make decision by next week


BUFFALO, N.Y. (WIVB)– Western New York restaurant owners are continuing their fight to reopen indoor dining, this time in front of a judge.

Attorneys representing more than 80 Erie County restaurants, as well as attorneys representing New York State argued their cases in front of State Supreme Court Justice Henry Nowak Friday.

Corey Hogan of HoganWillig represents the restaurant owners. He says State data does not show restaurants are the problem, and that Erie County’s COVID-19 cases have continued to go up even as indoor dining is shut down, meaning restaurants aren’t causing the spread.

But Albany’s attorneys say it’s still not safe to reopen indoor dining. Unlike other businesses where masks must be worn at all times, diners take off their masks while inside and seated at a table.

Nowak says he plans to have a decision on this lawsuit by next Wednesday.

Marlee Tuskes is a reporter who has been part of the News 4 team since 2019. See more of her work here.

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