ORCHARD PARK, N.Y. (WBEN) - Athletes Unleashed will be allowed to reopen at 100% capacity, according to a ruling made Wednesday afternoon by a New York State Supreme Court Justice.
Justice Paul Wojtaszek sided with Robby Dinero and his attorney, Paul Cambria, and granted a preliminary injunction which will allow the gym to no longer be limited to 25% capacity.
Other gyms will still have to abide by the 25% capacity.
Cambria said the state was "arbitrary and capricious" in limiting Dinero's gym to 25% capacity.
"It was unsupported by anything the state submitted," Cambria said. "Would it apply to other gyms? That's something they will have to discuss with their legal advisors. It seems obvious to me this precedent is such that if others filed, they would get a similar result."
Wojtaszek said the ruling was not intended to denigrate the severity of the COVID-19 and efforts to contain it, but rather to respect a "right to normalcy", even in the shadow of the pandemic.
Cambria said there are other issues that will be addressed in February about the governor's powers during the pandemic.
