Buffalo, N.Y. (WBEN) - Instead of opening his Orchard Park gym Athletes Unleashed Monday morning, Robby Dinero instead filed suit against New York State.
Attorney Paul Cambria is leading the legal fight that escalated when Dinero was served with a $15,000 fine from the Erie County Department of Health last week for holding a rally inside his gym that violated the current COVID guidelines for mass gatherings.
Cambria, a nationally known attorney with extensive Constitutional and First Amendment experience, has agreed to represent Dinero in constructing a legal strategy and his first order of business was filing the suit Monday morning.
Cambria tells WBEN the suit addresses Governor Andrew Cuomo's use of Executive Orders to close businesses, restrict activities and and gatherings at businesses, places of worship and even homes. The suit names Governor Cuomo, New York State Department of Health and Empire State Development Corporation.(Click the image to read the entire lawsuit)
"I am challenging the governor's authority to issue a directive that lasts longer than thirty days without further authority from the legislature," Cambria says. Cambria explains that the citizens of New York rely on their legislators to represent their interests. "The governor represents no one," Cambria said.
A quick response came from Cuomo spokesman Rich Azzopardi on Twitter Monday morning, saying; "We get sued virtually every day for virtually every action taken during this pandemic and based on what you laid out this entire argument is based on crackpot logic. We routinely extend executive orders as needed. That’s not unique to the pandemic."
In a video posted by blogger Tim Walton Sunday, Dinero tells his supporters his legal teams says, "this is going to go our way." "We've got to let the process, the system work," he said. "The system is working."
Dinero, who ripped up the fine from Erie County LIVE on Fox News last week, has said all along he feels his fight is winning in the court of public opinion.
"I think it's really telling that five chambers of commerce have come together in support of us and said the shutdowns are not working."
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Dinero has helped organize and has attended many protests in recent days and has established a loyal following. A GoFundMe page established to raise funds to assist Dinero's fight had raised nearly $47,000 as of Sunday night.
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