Erie County restaurants file lawsuit against NY State

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ERIE COUNTY, N.Y. (WIVB)- Over 40 local restaurants are taking legal action, as indoor dining continues to be banned in most of Erie County.

In 2020 restaurants have been closed down effectively for about 4 months. Corey Hogan of HoganWillig Law firm, says unless they reopen, 75%-80% of Erie County restaurants could shut down for good.

According to the lawsuit filed today, from September through November, bars and restaurants only accounted for 1.4% of COVID-19 cases…compared to private household gatherings, which the state determined makes up over 73%.

“Now that the state has finally acknowledged that they’re not the cause of the trouble, they should be allowed to open up so they don’t have to go bankrupt,” says Hogan.

Also in agreement is senator Patrick Gallivan. He put out a statement saying “In light of the data suggesting restaurants are not a significant source of infection, and the governor’s recently announced proposal to permit a limited number of fans to attend an upcoming buffalo bills game, it is time for the state to relax the hars restrictions on restaurants operating in so-called orange zones.”

Hogan says the Governor has no case to stand on, since the evidence is in the contact tracing that he wanted conducted.

“Even assuming that you have the authority to do so, you no longer have the basis that you used to close them down.”

Governor Cuomo spoke about re-opening restaurants yesterday. He said these busiensses can not wait for everyone to be vaccinated before they reopen, and that the state needs to come up with a smart solution.

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