Buffalo, NY (WBEN) A big decision lies ahead in New York State Supreme Court in Buffalo Friday as Justice Timothy Walker is scheduled to hear arguments from restaurant owners seeking to put a stop to the state's 10pm curfew on bars and restaurants in an effort to prevent the spread of COVID.
Dave Schutte owns several restaurants in the area, and is one of the owners filing suit against the state. He says his biggest concern with the curfew is not being able to serve late night diners. 'I'm not talking super late. I'm talking coming in at 8:30, 9pm for a reasonable dinner hour, and we have to kick them out at 10pm. It's a little bit early for us to try and kick people out," says Schutte, who would prefer a midnight or 1am closing time instead. "It's very frustrating to put a time limit on someone who wants to relax, have a drink and something to eat when they come in at 9 and we have to close at 10. It's the opposite of hospitality."
Schutte says the 10pm curfew has cut into his finances further. "We're already at 50 percent capacity, so cutting the hours takes one to two hours of quality service time to make money," says Schutte.
Schutte is hopeful for the curfew to be overturned. "I can't see being stuck with the 10pm curfew. It seems to be one of the silly ones that doesn't have any merit to preventing COVID or keeping the public health in order," adds Schutte.
Paul Cambria is one of the attorneys representing restaurant owners who will be in court Friday morning. He says the curfew is arbitrary. "Clearly, it was picked out of thin air," says Cambria. "We've seen nothing scientifically or otherwise that would support that specific time."
What would Cambria like to see? "I'd like to have the court enter an injunction and in the meantime a restraining order freeing up that time, and we intend to make that argument," says Cambria.
Cambria says some restaurants cater to late evening dining, especially fine dining establishments that had to rush out customers on New Year's Eve. "As far as bars that also serve food are concerned, they usually stay open later than 10pm. A lot of them do the bulk of their business with no really great amount of customers earlier," explains Cambria.
Cambria and Schutte are hoping for a ruling in time for Sunday's Super Bowl.
