Bars and restaurants suing NYS ordered to abide by 11 p.m. curfew again

Around New York State

Update: On Friday, HoganWillig’s director of media relations said lawyers representing the suing establishments will be back in court next Friday, April 16. They’ll argue for a permanent injunction. Paralegal and case manager James Minner told News 4 if the judge rules in their favor, it would permanently prevent the state from imposing the curfew on those businesses. The state, though, could appeal.

Original report: ROCHESTER, N.Y. (WIVB) – The more-than 90 bars and restaurants suing New York State in a fight to stay open past the mandated 11 p.m. curfew were dealt a blow Thursday.

The businesses on the lawsuit will once again have to close at 11 p.m., abiding by the state curfew after a Rochester appellate division court decision on Thursday.

The new ruling comes just five weeks after a New York judge granted a preliminary injunction to the over 90 bars and restaurants, extending the curfew in late February. Thursday’s decision stayed that preliminary injunction, meaning a group of judges stopped the February order.

Hogan Willig lawyers had to advise their clients on a record-breaking day of warm weather to close by 11:00 p.m. on Thursday night.

“There is absolutely no proof that one that there’s viral transmission coming from restaurants other than 1.4 percent, and two, since we’ve been open past 11, we have not found one incident where there’s been a viral transmission to any of the hundred restaurants we represent,” said partner Corey Hogan in an interview with News 4.

Co-owner of Rusty Nickel Brewery, Jason Havens, says the new setback will likely have cost him 15-20 percent of potential revenue Thursday night.

“This evening, a day like today, where the weather is not supposed to get below 65 until after midnight, people would have been here until way after midnight,” he said. “We’re looking at reservations that have canceled, reservations that had to be notified about the change in times, some confusion as a result of that, and then of course a loss of revenue.”

Meanwhile, more broadly, Governor Cuomo’s executive order requiring all bars and restaurants to abide by this curfew is set to expire on May 6.

And Wednesday night, the governor renewed an executive order that forces people to buy food when they go out for a drink.

Thursday, Senate Republicans blasted the Governor’s ability to extend old executive orders despite the state legislature stripping him of his emergency powers last month.

News 4 Anchor & Reporter Erica Brecher

View the full list of bars and restaurants on the lawsuit below:

  • A.C. + J RESTAURANT, INC. d/b/a THE PEPPERMILL RESTAURANT,
  • ALFIERI DUQUIN, INC.,
  • AMHERST PIZZA & ALE HOUSE, INC.,
  • BANCHETTI BY RIZZOS, INC., d/b/a BANCHETTI BY RIZZO’S,
  • 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, AFFIDAVIT
  • CRITCHEN, LLC, d/b/a THE CRITCHEN,
  • DA BADA, INC. d/b/a BADABING BAR AND GRILL, Index No.: 801046/2021
  • DADDY GOO GOO, LLC, d/b/a CASA DI FRANCESCA’S,
  • DDF RESTAURANTS, INC. d/b/a DUFF’S FAMOUS WINGS,
  • DON 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.,
  • HUTCH & ASSOCIATES, INC., d/b/a HUTCH’S RESTAURANT,
  • 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 DUFF’S FAMOUS WINGS,
  • 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 DINER,
  • MATILDA BIRD, LLC d/b/a THE GLOBE,
  • MCCANS, INC. d/b/a MOONEY’S SPORTS BAR & GRILL,
  • MGPUBLIC, LLC,
  • MIKEYCATIE, INC. d/b/a ROOKlES 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 DINER
  • SANTORA’S PHASE II, LLC,
  • 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 OF WNY,
  • 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 COC1NE 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 ROOSTER, 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,
  • FILED: ERIE COUNTY CLERK 01/26/2021 04:37 PM INDEX NO. 801046/2021
  • NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 01/29/2021
  • 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

Patrick Ryan is a digital producer who has been part of the News 4 team since 2020. See more of his work here.

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