Lawsuit to filed against mask mandate

Hogan says numbers don't prove COVID spreads more in businesses than at home

Buffalo, NY (WBEN) A local attorney says he plans on suing over the latest mask mandate issued by Erie County Executive Mark Poloncarz.

Attorney Corey Hogan says the latest emergency orders "are the latest in an attempt by government officials, from Governor Hochul all the way down to Erie County politicians, to control the way in which individuals live their respective lives, and business owners operate their respective businesses, far after the threat of any alleged emergency arising out of the prior COVID-19 pandemic has subsided and dissipated, and nowhere is this more clear than the fact that the State Disaster Emergency expired on or about June 25, 2021."

Hogan says he has received calls from hundreds of local businesses, trying to figure out how to challenge the order. "As a result, our clients are left with no choice but to prepare a lawsuit to challenge the issuance of Emergency Orders on multiple legal grounds," says Hogan.

Hogan contends there is no evidence COVID-19 is being transmitted in any of the facilities subject to the orders. "The only publicly available information demonstrates that 1.43% of transmission takes place in restaurants, 0.06% of transmission takes place in gyms, and 0.14% of transmission takes place in hair salons and other personal care service businesses. This is the State of New York’s own data – this was released on December 11, 2020, and despite our office’s efforts through a variety of legal avenues under FOIL to obtain more up-to-date information over the course of the last year, the State of New York has refused to provide it," notes Hogan.

"We call on Erie County to publicly release that information so that our clients can be made aware of how, if at all, the operation of their respective businesses allegedly contributes to the spread of COVID-19."