BUFFALO, N.Y. (WBEN) – Though May 19 is the date that Governor Andrew Cuomo said most capacity restrictions will end across the state, there is still much confusion about why there will still be capacity limits on some activities but not others.
The governor said retail, food services, gyms, hair salons, and houses of worship are among the activities that will return to full capacity. However, the state's website said it's a "distance-based maximum capacity." This means that there isn't 100% capacity for restaurants (75%), outdoor sports venues (33%), gyms (50%), casinos (50%), indoor sports venues (30%), arts and entertainment venues (33%), and offices (75%).
All industries must still adhere to six feet of social distancing.
"I'm going to wait and see how it all plays out," Democratic Assemblywoman Karen McMahon said. "We've heard of changes in capacity levels as we've gone through the pandemic. Things seem to change day-to-day sometimes…I'm going to reserve judgement. I know sometimes these things don't seem consistent or make a lot of sense, but I'm hopeful sometime this month we'll be able to open things almost completely."
The New York State Fair, which is outdoors, is allowed to operate at 50%. However, the state is allowing Broadway, which is indoors, to run at full capacity just three weeks later. McMahon agreed with our conclusion that the logic didn't make sense, but she said lawmakers should not step in.
"We're not medical experts," McMahon said about the legislature. "We really have to rely on the department of health and these things filter through the executive. I'm not in a position to say we can open up restaurants, gyms, and theaters. I'm not a doctor or scientist, so I really need to depend on the experts to do that. I hesitate as a legislator to step in and say 'I know better than you'."
More than 47% of New Yorkers have received at least one dose of the vaccine, though the rate is slowing.







