Buffalo, NY (WBEN) The now gone viral showdown between a group of local business operators and the Erie County Health Department backed by Erie County Sheriff's deputies demonstrates the challenges facing local agencies in enforcing business restrictions resulting from the heightening COVID panedmic.
Gyms, salons and restaurants face restrictions under Governor Cuomo's orange zone and enforcement, says the county, may include fines and shutdowns with long term consequences.
Many of those who operate those businesses impacted by the shutdowns are resisting and demonstrating, claiming the restrictions are unconstitutional and unfair.
"It's fines, but I remind businesses they run the risk of losing their licenses," warns Erie County Executive Mark Poloncarz.
"If they are a food establishment and we're going to ignore this and serve to a full house without masks, the health department can shut you down. If you're a bar, the liquor authority can come in and take your license., and you can't sell a drop." Poloncarz spoke at a news conference Monday where Erie County's coronavirus positive test rates have spiked, to the point 37 % of this year's case came this month.
Poloncarz says it's better to shut down for a couple of weeks and lose a little revenue now, than get shut down and not be able to get the license back in the future. "If the owner is Joe Smith, and Joe's Bar and Grill gets shuts down, and we know who he is, and now Joe Smith wants to open Joe's Grill and Bar, we'll know who he is and he won't be able to open Joe's Grill and Bar," notes Poloncarz.
Attorney Paul Cambria expects health officials to enforce the shutdowns.
"These are health law based, and they basically would take the position you're violating the health law, which has penalties including penal penalties," says Cambria. He notes these are misdemeanor penalties, punishable by up to a year in jail and a $1,000 fine. "There could be arrests as a result of this." He adds licenses could be taken away for business owner who need a license from the state to operate.
Cambria says if the buildings are closed, there's nothing to enforce. "They have to be open and defying the rule for any sort of enforcement," adds Cambria.
Cambria calls the closures and restrictions placed on these businesses a disaster. "It doesn't help that the governor comes out with a rule and then the county executive comes out and talks about the rule and makes it worse, frankly, and people are afraid to patronize places that are legally open," explains Cambria. "There needs to be some control over the publicity because we're going to have a ton of businesses that won't be in business anymore, and that's intolerable."
[shortcode-inline-related expand="1" link="/wben/news/local/cuomo-warns-parts-of-erie-county-is-on-track-for-red-zone" headline="Cuomo warns parts of Erie County is on track for "red zone"" image="/media-library/image.jpg?id=63647252"]Cambria says the issue will be whether more legal challenges will be made to these restrictions, putting people out of work. He also says the rules defy logic. "They are allowing people to go to supermarkets where there are thousands of people going in and out of these places daily. But on the other hand not letting people patronize restaurants indoors doesn't make sense," says Cambria.
Gyms, hair salons and indoor dining are prohibited in orange zones under Cuomo's executive order.
