BUFFALO (WBEN) - As the restaurant industry continues to suffer and permanent restaurant closures are becoming commonplace, more than 60 local restaurants are taking part in a lawsuit spearheaded by Corey Hogan of HoganWillig.
The goal of the growing suit is the loosening of restrictions against indoor dining for areas within COVID orange zones in New York State.
"The whole idea here is that the restaurants, in our mind, were scapegoated as the cause of the pandemic to the extent that they're closed down while no other industry is similarly shut down," said Hogan.
Hogan says they are asking the judge to permanently prevent the state from enforcing the current orange zone restrictions, but he noted his clients are willing to adhere to the restrictions that were being enforced throughout most of the summer and fall.
"Our message is that we can do this safely," said Greg Duell, co-owner of the Eastern Hills Duffs location. "The state numbers show that, the guidelines that the governor has put into place were working, and we don't believe that a 1.43% statewide transmission rate justifies an industry-wide shutdown - there are people is this business that are hurting."
"Most of our clients have indicated that if they have to go through this for another month or two, they're done," said Hogan. "They cannot continue to operate and provide takeout only, and outdoor dining, as a practical matter, especially as it's interpreted by the state, doesn't work in Buffalo in the middle of January."
The next court date is scheduled for Friday afternoon at 3:30 and supporters of the local restaurant industry plan to rally for the cause in downtown Buffalo at that time.
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