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Lifted capacity restrictions to provide marginal benefit for restaurants

COVID Barrier
(WBEN Photo/Mike Baggerman)

BUFFALO (WBEN) - On Monday, Governor Andrew Cuomo made a major announcement, saying capacity limits will be removed for most businesses in New York beginning May 19.

The update includes businesses such as retail stores, restaurants, gyms, hair salons, offices, museums, amusement and family entertainment, but there is a major caveat - the six-foot social distancing requirement remains in effect.


"The six-foot rule is a CDC rule, and we are adhering to that six-foot rule," said Cuomo. "It's capacity, subject to your ability to maintain the six-foot rule."

While this may be great news for retail stores and other similar businesses, restaurants are still very much capped by the six-foot requirement regardless of what the capacity limit is.

"My first instinct (when I found out about the announcement) was, 'Great, we're moving in the right direction,'" said Nick Pitillo, owner of Osteria 166. "Upon further review, 100% occupancy with social distancing is not 100% occupancy."

The exact same sentiment was shared by Ellie Grenauer, co-owner of the Glen Park Tavern.

"Due to staffing and also the six-feet social distancing guidelines that still have to be followed, nothing really will change," she said, noting they will remain at 50% capacity for the time being.

Robert Mujica serves as the director of the budget for New York State, and he explained that restaurants can simply install physical barriers between tables and bar spaces to circumvent the six-feet rule, but Pitillo said it's easier said than done.

"We do that currently as much as we can," Pitillo added. "They're very helpful, but they're not a fool-proof fix...I don't want to get into the cost of plastic dividers and what not, but they're very expensive."

For that reason, Grenauer has decided to wait for more guidance as opposed to rushing out and buying physical barriers simply to add a few more customers at a time.

"We're small," said Grenauer. "I have not bought any barriers to go in between the tables. Now if I were to do that, which would probably be about a $1,500 expense, I would be able to fit a few more tables in. But at this point, due to staffing, I'm choosing to not purchase those barriers and not to spend the extra money."

And there's still another caveat to the six-foot distancing rule: it doesn't apply for events or parties where everyone in attendance can prove vaccination or a recent negative COVID test.

In theory, a restaurant or similar venue could potentially attempt to require patrons be vaccinated before entering, thereby nullifying the needs for social distancing. However, both Pitillo and Grenauer shot that idea down when asked if it's something they'd consider.

"I can't imagine a day where it's, 'Let me see your vaccine card. Oh, you don't have one so you can't come in,'" Pitillo began. "I'm not saying the world's not moving in that direction, I just think from our perspective, the logistics of that would be borderline impossible."

"I have issues on privacy with that," Grenauer added. "I don't feel it's my place as a restaurant owner to require people to show proof of anything to do with their health. I'm just not comfortable, and I think that's a very dangerous area to get into."

Cuomo added that New York State will change its guidelines in accordance with any updated guidance from the CDC.