(WIVB) – National tanning company Zoom Tan has won its lawsuit against New York State officials.
The company filed the lawsuit in November, stating that their business is contactless.
Zoom Tan objected to being classified by the state as a personal care business, along with “high risk” businesses like beauty and nail salons, according to the court documents.
Under WNY’s Orange Zone restrictions, they were forced to close. Since the lawsuit was filed, Gov. Andrew Cuomo has changed the guidelines, allowing personal care services to open at 25 percent capacity in orange zones with conditions.
The judge in the case ruled in favor of Zoom Tan. According to the court documents, the court was satisfied with Zoom Tan’s assertation that the business is contactless, and added that there is no proof that the chain’s salons’ ventilation system are worse than the ones at businesses allowed to operate in the state’s Orange Zone.