Even as the state is set to push back its restaurant curfews to midnight Monday, more local owners are joining a lawsuit to end the curfew.
Law firm HoganWillig says about 35 new companies are joining its action, alongside potentially 85 other restaurants and bars that already defy state law.
On Saturday, however, a state Supreme Court judge dismissed an injunction against the curfew. Justice argued that the challenged law has been superseded since the petition was filed in January, due to what HoganWillig calls an ever-evolving set of governor’s decrees.
Lawyers say they are moving forward, demanding that these bars and restaurants be allowed to return to their normal business hours.
âThese people who come out at 11, they won’t come out at 11 am if they’re fired at midnight,â said Corey Hogan, partner and founder of HoganWillig. , ‘well, that’s not irreparable harm.’ We think when you close restaurants it’s a pretty big pity, when people go bankrupt I don’t think it can get any worse than that. “
HoganWillig argues that there is no evidence that restaurants have helped fuel recent cases of COVID-19.
The company plans to file a new motion by the end of the week, opposing the process used by Governor Cuomo to set curfews for businesses.