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Kennedy critical on food with alcohol mandate as restaurants hope for fewer restrictions

Sen. Kennedy: "It really is counter-productive"

Duff's at Eastern Hills Mall. March 29, 2021
Duff's at Eastern Hills Mall. March 29, 2021
WBEN/Mike Baggerman

BUFFALO, N.Y. (WBEN) - Add New York State Senator Tim Kennedy to the list of state representatives who wants to address the governor's executive order requiring a food purchase with alcohol at bars and restaurants.

Kennedy, a democrat, called this executive order one of the "most egregious".


"It really is counter-productive for both the folks that want to have a drink at a bar and maintain the social distance and all the proper protocols and those businesses that have to serve cheese and crackers in order for someone to have a beer," Kennedy said. "I think it's, quite frankly, ludicrous."

State republicans are largely in support of repealing the executive order, though a growing number of democrats are also speaking out against it. Democratic Assemblyman Jon Rivera is also among the lawmakers who have questioned the executive order.

The executive order is due to expire on April 6. Governor Andrew Cuomo can extend the order by 30 days but must inform of the legislature of his plans by Thursday.

Kennedy said this executive order stood out the most and hopes the legislature will address it soon.

"I certainly don't see it getting extended," Kennedy said. "I'm one of 213 members of the legislature. In my mind, it would be outrageous to extend that one."

Restaurant sales are down 44% statewide, according to the New York State Restaurant Association.

"I think that just continues to keep people away from the restaurant business right now," Greg Duell, co-owner of Duff's at Eastern Hills Mall, said. "With all these regulations and restrictions, it's already an uncomfortable place to come to with Plexiglas up and distancing....When you just want to meet a buddy out for a beer at happy hour or maybe a co-worker or teacher after school one day wants to come to a happy hour with co-workers, having to have a full meal or something close to it is just a restriction that's keeping people away from the business right now."

Duell said there's only an added burden on the customer because of the rising cost of food, labor, paper supplies, and other expenditures.

"It seems very arbitrary," he said. "I understand the intent behind it is to discourage people from going to businesses. It's almost April and in Buffalo, New York, and we're debating about whether you need to buy food with a beer and in other states across the country they're opening up vaccines to every age level. It just seems we are way behind the eight-ball on this."

Duell is encouraged that lawmakers are talking about rescinding this executive order but hopes they will act on their words.

Sen. Kennedy: "It really is counter-productive"