BUFFALO (WBEN) - After garnering groundswell of local and national attention over the past week or so, Athletes Unleashed gym owner Robby Dinero has filed a lawsuit against Governor Andrew Cuomo and New York State.
In an interview with WBEN's David Bellavia on Monday morning, Dinero's attorney, Paul Cambria, explained some of the legal strategy they'll use to build a case against the state, saying Cuomo has acted outside the bounds of his authority.
"The governor, obviously, is trying to do what he thinks is best for the community," said Cambria. "However, I think that the process has to include the legislature because the legislature is the body that makes laws.
"Basically what's been happening here is the governor has been making pronouncements that are laws, and the laws are usually enacted by the legislature with all of the various representatives across the state," Cambria continued. "Here, what we're seeing is a directive, that has the force of law, which is having a tremendous impact on small businesses and on individuals...and the way I read the executive law, which gave the governor the authority to do these directives, that authority was limited - they gave him authority to do a directive that would last 30 days only, and his directives have lasted much longer than 30 days."
Cambria's interpretation means the law would require Cuomo to go back to the legislature for additional authority after the 30-day window had passed. He also believes more input from the legislature would be a positive for the "greater good."
"I just think that's where we get a give and take with a lot of people who represent the public," he said. "The governor doesn't represent the citizens - he governs the citizens - but he's not a representative of the citizens like a state assemblyman or senator is."
State Assemblyman and former judge Angello Morinello is frustrated with the lack of input the legislature has had in major decisions during the pandemic.
"My conference has been advocating for us to go back and move to take the powers back because, right now, the legislature has no say-so on any of this," said Morinello.
Cambria also brought up the issue of fairness in deciding what businesses are required to close and which ones are allowed to remain open. For example, what is the scientific basis behind a large retailer staying in business while a smaller one would have to shut down?
He's hopeful this case will be in court by the end of the week or the beginning of next week, though he's unsure of the timeline at this point.
