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Credit: WIVB

The 91 bars and restaurants that sued New York State and Governor Cuomo to stay open later than 10 pm, have won, at least temporarily. According to WIVB, they will be able to remain open, past the State-imposed curfew. The judge in the case issued a temporary restraining order on behalf of the plaintiffs. This move buys them time to stay open later while they await a final decision. Governor Andrew Cuomo, the New York State Department of Health, and the New York State Liquor Authority are named in the lawsuit.

Attorney Steve Cohen, who is from the law firm HoganWillig Attorneys at Law, which is representing the clients said,

We are pleased Judge Timothy Walker lifted the 10:00 PM curfew for our clients (91 clubs, restaurants and bars) in Erie County and Monroe County. We are pleased to be working with Paul Cambria, Esq. from Lipsitz Green Scime Cambria on this case. We have different clients who are united in interest.

According to Channel 4, a representative for the State said that it is reviewing the judge's decision. During a recent COVID-19 briefing, Gov. Cuomo responded to a question about lifting the 10 pm curfew. He said,

“We have one license, and it doesn’t distinguish between a bar and a restaurant,” Cuomo said. “If we could separate the two, then you could argue for different times at a restaurant than a bar. We don’t have that ability. It’s one license. The curfew is because when people tend to stay later, and they’re just drinking, then there’s more gatherings. You can’t drink and wear a mask.”

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