A New York State judge has ordered a statewide curfew on restaurants and other businesses to remain in place following a temporary lift.
Justice Patrick NeMoyer, on the state Appellate Court, reimposed the statewide 10 p.m. curfew for businesses in western New York. That’s a reversal from a ruling made several days prior by a lower court that allowed Erie and Monroe County restaurants, bars and clubs to remain open past the curfew.
Governor Andrew Cuomo has also pushed the statewide curfew back from 10 p.m. to 11 p.m., as of Feb. 14.
However, the legal challenge against Cuomo’s curfew during the COVID-19 pandemic and subsequent temporary restraining order by the lower court were being eyed by restaurants and bars in the rest of New York for similar legal action to prevent the governor from restricting their operations.
Earlier this month, Judge Timothy Walker in Erie County ruled that Cuomo’s curfew, imposed in a November executive order, may be unconstitutional for violating equal protection under the law for restaurant owners.
The original lawsuit was against Cuomo, the New York State Department of Health and the New York State Liquor Authority for implementing a 10 p.m. curfew that was, in their view, as one example of the governor exceeding his authority.
The owners said restaurants only account for 1.43% of COVID-19 transmission in New York, according to state contact tracing data. They continue to argue that the curfew is not grounded in science.
“Governor Cuomo has the authority and the responsibility to do whatever he believes to be best for slowing the spread of the coronavirus, and keeping New Yorkers safe,” NeMoyer wrote in his ruling this week.