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Judge lifts 10 p.m. curfew for restaurants who sued NYS

The order will only affect the 94 restaurants that were part of the lawsuit.

BUFFALO, N.Y. — A judge has ordered the state's 10 p.m. curfew on restaurants be lifted immediately. 

Nearly 100 restaurants sued New York State and were back in court Friday morning.

The order will only affect the 94 restaurants that were part of the lawsuit.

Attorney Corey Hogan represents those restaurant owners who were looking to lift the 10 p.m. curfew that was put in place by the state in an effort to reduce the spread of COVID-19. 

Hogan filed the lawsuit seeking a temporary restraining order earlier this month, and asked the state for evidence that the 10 p.m. closure is helping decrease the spread of the virus.

"He (Governor Cuomo) believes that the CDC criteria indicates after 10 o'clock people are drinking more, and therefore, there is more viral spread. But that is a hunch," Hogan said last month. "We have seen no evidence that that is true, and that's what we are asking for, because if that evidence doesn't exist, you are doing significant damage to the restaurant owners."

Lipsitz Green Scime Cambria LLP was co-counsel in the matter.

Said Attorney Paul Cambria, “We were able to convince the Court that the state had no justification for choosing 10pm as the magic number for when restaurants stop being safe. The social distancing and mask requirements work just as well at 9:59 p.m. as they do at 11 p.m., midnight, or 2 a.m.”

New York Gov. Andrew Cuomo has not yet addressed the ruling. But, during his press briefing he responded to a reporter's question about letting restaurants staying open later on Super Bowl Sunday, and Cuomo said he would not consider extending the curfew for restaurants on Super Bowl Sunday.

   

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