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Judge Decides Restaurants Must Respect Covid 11pm Curfew Again | Local News




Santora's Pub and Grill (copy)

Empty dining room at Santora’s Pizza Pub and Grill on Millersport Highway. The restaurant is among a group of local restaurants that have filed a lawsuit to relax the state’s Covid-19 prevention measures.

Derek gee

More than 90 restaurants in western New York were ordered to close at 11 p.m. daily following an appeals court ruling on Thursday.

The three-paragraph ruling by a five-judge panel in Rochester suspended a preliminary injunction issued Feb. 27 by state Supreme Court judge Timothy Walker allowing restaurants to remain open after 11 p.m.

The ruling reinstates Gov. Andrew Cuomo’s order to extend the 11 p.m. curfew. If the governor wants to extend the order beyond May 6, the state legislature would have to approve it.

“Everyone is emotionally upset,” said Corey Hogan, the senior lawyer representing 94 restaurants, many of which normally remain open after 11 p.m.

“They are trying to get their bills paid, and we have no state evidence that there is a single case of Covid found in these restaurants after 11 a.m.,” Hogan said.

Read the full story of the Robert J. McCarthy News Staff Report

Ellen the belt

Cuomo instituted the curfew as another measure to contain the spread of the coronavirus.

Restaurants had previously escaped curfew under a temporary restraining order granted on February 5. This restraining order, like the injunction, was subsequently quashed by the Appeal Division.

The restaurants affected by the ruling are the wide array of establishments in the area that have sued Cuomo, the state health department and the state liquor authority, including Duffs Famous Wings, the Original. Pancake House, Mooneys Sports Bar & Grill, Expo Market, Hutchs and Prescotts provisions.

Mark Sommer covers preservation, development, the waterfront, culture and more. He is also a former editor of The News.

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