Buffalo, NY (WBEN) - As New York State lawmakers gather in Albany Wednesday to begin their legislative session, there's a move afoot to consider taking away some of the executive power the governor has wielded in the state during the COVID pandemic.
Operators of restaurants in Erie County and Western New York will be watching closely in hopes for change in the orange zone designation restricting their operation to curbside and outside dining.
One senator tells WBEN a vote could overturn the governor's order.
"The state legislature has the authority to rescind any of the governor's executive orders by a simple majority vote," says Senator Patrick Gallivan. "The legislative leaders have been reluctant to question the governor on anything or address any single issue." Gallivan says he's trying to raise the issue with the governor and his colleagues to allow restaurants to safely reopen.
Gallivan says it's already been proven restaurants can operate safely. "The governor's very own number show restaurant infection rate is 1.4 percent, and that's something we would find acceptable in any industry," explains Gallivan. "I'm thrilled the governor is working to allow fans into Bills games, but we should be doing this for all industries. " He says restaurants have been hurting because of the restrictions in Erie County where other establishments in other counties haven't had to abide by.
Gallivan says he's been trying to hear from colleagues on the other side of the aisle but he has not heard back. Gallivan says his colleagues in the legislature have not done their part. "We're supposed to have checks and balances in place, and the legislature is not holding up its end of the bargain to be a check on the policies of the executive branch, either to validate them or take steps to reverse them or get them changed, as appropriate," believes Gallivan.
Gallivan says he recently sent Cuomo a letter urging him to review the science and reconsider the orange zone restrictions.
New Assemblyman Bill Conrad says he hasn't been given any new information on trying to figure out how to lift the orange zone. "We are having conversations with other members of the WNY delegation," says Conrad.
Conrad says he senses the frustration of business owners. "They want to make their livelihood, continue their businesses. There's no rescue fund for them right now. They're relying on outside groups at this point," notes Conrad.
Erie County has been in an orange zone since November.
