BUFFALO, N.Y. (WBEN) – In a stunning blow to scores of restaurants who overcame a New York State imposed COVID curfew in court previously, an appellate court in Rochester rebuked a lower court ruling that allowed the businesses to bypass the restriction.
The decision means all restaurants in Western New York, even those who previously defeated the state in court, will have to close at 11 p.m.
"I think they're emotionally all reeling right now," Attorney Corey Hogan said of his clients who were previously able to operate past 11 p.m. "They're kind of devastated. They hired additional people. Not everybody stayed open past 11 but a lot of them did and a lot of them were finally getting to the point where they could actually start paying their bills."
An appellate court in Rochester placed a stay order on Judge Timothy Walker's ruling that allowed restaurants to operate beyond 11 p.m., meaning that they will have to follow the same rules as everybody else.
Hogan said the state has provided no evidence indicating that restaurants are the cause of spread.
"That's hard for them to understand that that can happen supposedly in this country where the rules of law are supposed to be fair for everybody," Hogan said.
Hogan said restaurants are still hopeful that Judge Walker will provide a permanent injunction in the future. In the meantime, they are exploring all legal options.
"This is so disappointing," said attorney Steve Cohen, who also worked on the case representing about 90 restaurants. "It's more than disappointing, it's actually frightening."
Cohen likens the higher court ruling to a violation of civil rights and says the curfew decision is just one example of numerous other questionable executive orders by the state.
"What I'd like to think is that judges would be guided by the New York State and United States Constitutions and I am very concerned, deeply concerned, that does not seem to be the case during this COVID-19 pandemic."
