Petition to overturn indoor dining restrictions squashed by judge

Two Staten Island restaurants sought to challenge Cuomo’s 25% capacity limit

New York /
Nov.November 09, 2020 05:00 PM
(iStock)

(iStock)

New York City restaurant owners who were hoping to see indoor dining capacity expanded are out of luck.

A state judge upheld Gov. Andrew Cuomo’s 25 percent limit on indoor restaurant capacity in the five boroughs, Bloomberg News reported. Two Staten Island restaurants, Bocelli Ristorante and Joyce’s Tavern, had filed a lawsuit in September, arguing that they should be able to operate at 50 percent capacity, like restaurants located elsewhere in the state.

In a decision Monday, Judge Thomas P. Aliotta said that Cuomo’s limits have a “real and substantial relation to public health and safety within the city of New York.”

The restaurants “are not similarly situated to restaurant and bar owners in Westchester or Long Island based upon the demographics of the populations being similar, i.e., middle class suburbia,” Aliotta said. “The 25 percent rule applies to Staten Island based on its population density, myriad connections to and geographical location within the City of New York. All five counties have been treated equally.”

Other restaurants have similarly sued in attempts to overturn restrictions. In August, more than 300 restaurants filed a class-action lawsuit, demanding the city and state fork over $2 billion for banning indoor dining. In September, a bar sued against the midnight curfew.

The pandemic has been a death knell for many eateries, particularly those that had already been subject to high rent payments.

Outdoor dining has been extended indefinitely in New York City, and as the months grow colder, establishments are constructing tents and buying heat lamps to keep customers comfortable. However, experts have said that dining outdoors in bubbles or tents limits airflow, making it not too different from eating indoors.

[Bloomberg] — Sasha Jones


Related Articles

arrow_forward_ios
212 Fifth Avenue, Thor's Joseph Sitt and Madison Equities CEO Robert Gladstone (Google Maps, Thor, Studio Scrivo)
Thor sues insurer over Bob Gladstone’s alleged theft from 212 Fifth
Thor sues insurer over Bob Gladstone’s alleged theft from 212 Fifth
The door at 553 West 30th Street, Related's Stephen Ross and 15 Hudson Yards (Getty, Google Maps)
Judge rejects “poor door” lawsuit at Related’s 15 Hudson Yards
Judge rejects “poor door” lawsuit at Related’s 15 Hudson Yards
Miki Naftali with 215 West 84th Street (Getty, Corcoran)
Naftali takes hit in battle with UWS holdout
Naftali takes hit in battle with UWS holdout
Jean-Georges Vongerichten and 99 Prince Street in Manhattan NYC (Getty Images, Google Maps)
Jean-Georges’ Mercer Kitchen closing after 25 years
Jean-Georges’ Mercer Kitchen closing after 25 years
Ascent Development’s Tien Vominh and Modern Spaces' Eric Benaim with 45-30 Davis Street (LinkedIn, Modern Spaces, Marvel Architects)
Modern Spaces sues developer over LIC exclusivity agreement
Modern Spaces sues developer over LIC exclusivity agreement
From left: Howard Hughes CEO David O’Reilly and Jean-Georges Vongerichten in front of the Tin Building at the Seaport (Photo Illustration by Steven Dilakian with Getty Images, Howard Hughes and Twitter/arcofnyc)
Howard Hughes buys stake in Jean-Georges
Howard Hughes buys stake in Jean-Georges
From left: Jeff Goldberg, CEO of Fairstead, and Will Blodgett, Founder of Tredway (Getty Images, Fairstead)
Fairstead fires back, alleges Blodgett threatened to go “torched earth”
Fairstead fires back, alleges Blodgett threatened to go “torched earth”
The Pierre hotel (The Pierre, Getty Images)
Not your average lien: Pierre Hotel, contractor squabble over nearly everything
Not your average lien: Pierre Hotel, contractor squabble over nearly everything
arrow_forward_ios

The Deal's newsletters give you the latest scoops, fresh headlines, marketing data, and things to know within the industry.

Loading...