A group of Buffalo restaurants is suing Governor Andrew Cuomo and New York State in order to re-open.

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Credit: WGRZ

The group of restaurants here in Buffalo are filing legal action against the rules Governor Cuomo has put in place to help keep New Yorkers safe during the COVID-19 pandemic, according to WGRZ. HoganWillig Attorneys at Law will file the lawsuit on behalf of the group. The same law firm represented 35 Western New York salons and barbershops and filed a class action lawsuit against Gov. Cuomo and the State earlier this month.

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The group is asking for a temporary restraining order. They want to be able to re-open under the restrictions that were in place before the state designated certain areas as yellow, orange, or red zone. The group is using data released by Gov. Cuomo and the State, which states that restaurants were responsible for only 1.43% of new COVID-19 cases in New York state from September to November.

Credit: NYSDOH via WGRZ

Corey Hogan of HoganWillig Attorneys at Law questions the State's right to regulate businesses for the purpose of public safety,

What basis does the government have to select a particular type of industry now that's doing no harm, and shutting them down? We want indoor dining, we will follow the masking, we will follow the social distancing, we will do everything that we've been asked to do, but please let us open before you bankrupt us all.

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