Buffalo, NY (WBEN) Another showdown is looming in New York State over COVID business restrictions as the restaurant industry awaits whether the state compromises on operating restrictions or produces proof that the restrictions have been necessary to help contain the COVID pandemic.
A State Supreme Court judge says the state must justify its restrictions on restaurants because of COVID19 before next week's hearing, in which an attorney for dozens of area restaurants is seeking a restraining order against the ban on indoor dining in orange zones.
Attorney Steve Cohen says the state cannot prove restaurants and other industries under orange zone restrictions are responsible for a lot of the coronavirus transmissions.
"If you look at salons, .46% spread associated with them. 1.4% of the spread is associated with restaurants," says Cohen. "We presented our evidence the state has imposed measures that are unreasonable." Cohen adds 70% of the spread is from home, which he says is perpetuated by the government telling people to stay at home. Judge Henry Nowak is giving the state an opportunity to prove the need for that before a hearing on a preliminary injunction hearing next week.
Cohen says his lawsuit is trying to determine whether the government is infringing on constitutional rights. "We all know COVID is real, and we have to do what we can to stop the spread of it, but the governor's executive order forcing shutdowns does not have any rational basis," says Cohen.
Cohen says commercial establishments have been following protocols to the letter. "His shutting down of our client's businesses is decimating the economy. So once the pandemic is over, we'll be without a commercial base in New York will be devastating.
Nick Pitillo of Osteria 166 has been following the matter closely. "I think it's great and I applaud everybody in the lawsuit and it looks like it's getting positive results," says Pitillo. He says he's not sure yet if this will mean a return to indoor dining.
Pitillo says he has heard a compromise could also happen. "Compromise is a hell of a lot better than where we are now," says Pitillo.
Pitillo says restaurants have been sanitizing silverware and rooms for years. "We've certainly amped it up but you've never seen cleaner, safer restaurants in your life," says Pitillo. "I think it's encouraging. Every team of every restaurant I've been anywhere near in the last several years is on point with sanitation, and going above and beyond to keep everybody safe." He says if you're not comfortable going out, stay home until you feel safe, but there are a lot more people who want a semblance of a normal life.
Pitillo says he will be following along anxiously in the lawsuit, as next Tuesday will be the next hearing.