BUFFALO, N.Y. — A State Supreme Court judge has ruled against the State Liquor Authority's rule banning bars and restaurants like the Sportsmen's Tavern and others across the state from advertising or selling tickets for live shows.
Judge Frank Sedita called the regulation "irrational" and sided with Sportsmen's Tavern, which in August argued the rule violated their First Amendment Right to exercise free speech.
While the SLA's regulation didn't ban live music, acts have been regularly performing at bars in Buffalo, it stated that shows had to be "incidental" and couldn't be the main draw to a venue.
"They never said we couldn't have music, they told us we couldn't say we had music and it never really made sense, it just, it had nothing to do with public health," said Sportsmen's Tavern owner Jason Hall.
Hall was represented by Paul Cambria, who argued in court unlike other businesses across the state, venues with live music were having their speech limited and were being forced to follow a redundant rule, given the existing COVID-19 guidelines for limited occupancy and social distancing.
"[The lawsuit], it's basically a check and a balance, you know we're not picking a fight with the state we totally understood the public health issue we have abided by all guidelines so the whole thing seemed very arbitrary to us and so we filled a case," Hall said.
The ruling now opens the door for not only Sportsmen's Tavern but also for other venues across the state and music acts who've largely been forced online like the Boys of Summer.
"It's a good thing for us because now there will be a demand for us and they know we've been out there for the past 29 years and we have a following," said Keyboardist Don Lorentz.
"From everyone else's perspective who has a business like ours it at least gives them a chance to survive," Hall added.
Hall also believes more ticketed shows could be safer because tracking who and how many people are built into purchasing which Judge Sedita also agreed with.