Buffalo, N.Y. (WBEN) - New York State Supreme Court Justice Timothy Walker released a ruling Saturday(read decision below) granting a preliminary injunction that grants dozens of bars and restaurants that challenged New York State's 11pm curfew permission to remain open until 4am.
The ruing covers the approximate 90 bars and restaurants who are named in the suit against the state.
New York State currently has an 11 p.m. curfew for all bars and restaurants in New York State, though restaurants argued Friday that the curfew was another example of an unlawful extension of the governor's executive orders. They also said the previous 10 p.m. curfew did not make sense because liquor stores could stay open.
"It's time the legislature gets control of these decisions," attorney Paul Cambria with Lipsitz, Green, Scime, Cambria tells WBEN. "Hundreds of small businesses are suffering needlessly to arbitrary rules."
"We are pleased that Judge Timothy Walker struck down the curfew," attorney Steve Cohen told WBEN Saturday night. Cohen is with HoganWillig, the law firm that co-argued the case with Cambria.
"The court looked closely at the science which could not be refuted by the state that restaurants and clubs are not the source of the Covid spread. This will allow our 92 restaurant and club clients to remain open for the full duration of their normal hours and hopefully remain financially viable after many months of unreasonable restrictions imposed by the governor."
In spirited arguments before Justice Walker Friday, attorneys representing the state argued they are following CDC guidelines on indoor dining and that a curfew would limit the spread of the disease.