Restaurants suing New York State won the ground in court

Buffalo, New York (WIVB) – New York State Supreme Court Judge Henry Novak ruled in favor of the restaurants involved in the lawsuit against the state, allowing them to reopen under New York State’s yellow district restrictions.

These restaurant and bar owners challenged Governor Cuomo, the state liquor authority and the county health administration to come up with science and data to justify the governor’s restrictions.

Lawyers for bar owners and the state filed their case with Judge Nowak, last Friday, who ruled that nearly 90 bars and restaurants mentioned in the lawsuit could operate under yellow zone regulations.

The lawsuit has been filed on behalf of a handful of Erie County hospitality companies challenging Governor Cuomo to come up with science and data to justify his small group regulations, which they claim violate their constitutional rights as business owners.

Judge Nowak issued a temporary order allowing these aforementioned establishments to open their doors with limited seating capacity until 10:00 PM, but that is not the final answer.

The state can still move to deny some or all of the bar’s owner’s petition. A hearing is set for January 19.

You can view the full court ruling through Click here.

Below is a list of the restaurants mentioned in the court document available:

  • Amherst Pizza and Eli House, Inc.
  • Bottoms up V, Llc D / b / a Bottoms up
  • Camp Fire Grill Ii, Inc
  • Da Bada, Inc. D / b / a Badabing Bar and Grill
  • Ddf Restaurants, Inc. Resolution d / b / a
  • The famous DAF Suites
  • Provisions of Don Benoit d / b / a Prescott
  • DVS Properties, LLC
  • Event Gallery, Llc D / b / a Venu
  • Ice House Pub, Llc, D / b / a Ice House Pub
  • John Doe Corp.
  • Kfeather5, the famous Llc D / b / a Duff’s Wings
  • Kmt Management, Inc. D / b / a Buffalo Brew Pub
  • Lady Birds Restaurants, Llc D / b / a The Bayou
  • Lyons, Bigjan, and D / B / A Company
  • Bird House Restaurant
  • Mambrino King Wine-Coffee Bar LLC
  • Mary Santarini D / b / a Londa’s Diner
  • Mccans, Inc. D / b / a Mooney’s Sports Bar & Grill
  • Mkc Restaurants, Llc D / b / a Neat
  • Overpass Pub, Llc D / b / a Overpass Pub
  • Pharohs Gc, Inc.
  • Raphael Corp. D / B / A Raphael
  • The second phase of Santora, LLC
  • Santora Pizza Pop & Grill, Inc.
  • Scott A. Gargilo D / b / a Campfire Grill
  • Showny, Llc D / b / a Sculpture Hospitality Of WNY
  • Smith Buduson, Inc. D / b / a Robbie’s Bar And Grill
  • Cocine Ellicott Taco, Llc D / b / a Deep South Taco
  • Cocine Hertel Taco, Llc D / b / a Deep South Taco
  • Tantalus, Llc, D / b / a The Yelling Goat Restaurant
  • Tbf Companies, Inc. ,
  • Teton Sky Corp. D / b / a Teton Kitchen
  • Teton’s Mood Kitchen
  • Defields D / b / a
  • The Firehouse Sports Bar & Grill
  • Howling Rooster, LLC
  • WNY Beer Club, Llc D / b / a Rusty Nickel Brewing Co.
  • The famous WNY Restaurant System D / b / a Duff’s Wings
  • 99 Brick Oven Bar And Grille, Llc
  • 5786 Transit Rd, Inc. D / b / a Fieldstone Country Inn
  • 8444 Transit Rd., LCD / B / A Tavern at Windsor Park
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