BUFFALO (WBEN) - Last week, the New York State Liquor Authority revealed a new mandate, saying bars and restaurants are not allowed to advertise or ticket musical acts during the pandemic.
Live music is allowed at bars and restaurants if a venue's liquor license allows for it; however, the state is only allowing "incidental music," meaning shows cannot be advertised or ticketed.
Statement from SLA website:
"Music should be incidental to the dining experience and not the draw itself. All other forms of live entertainment, such as exotic dancing, comedy shows, karaoke etc., are not permissible currently regardless of phase."
Numerous restaurant owners and musicians noted their frustration, and prominent local attorney Paul Cambria plans to challenge the state on this mandate as early as Monday.
"This is a very arbitrary, very capricious kind of regulation," Cambria began. "It runs afoul of the 1st Amendment - you just can't block out entertainment, as the state has done, without showing a very particular and substantial basis to do so."
In fact, Cambria says the mandate fails under so many legal theories that he's anxious to file the lawsuit, upon which he'll be asking for a temporary restraining order.
"Let's say your capacity is 50 people - what's the difference in how you get the 50 people in the door?" he asked. "In the end, the only thing that counts is that you're safe."
It's no secret that restaurants, bars and especially local musicians have been struggling mightily for the better part of five months, and although most places have started to make there way back to limited business, there's no question the pandemic has wrought fairly severe financial damage.
"This regulation has a devastating impact on a number of restaurants and bars that are struggling now to stay open," said Cambria. "And to have such a nonsensical regulation just makes it even worse."
