CLARENCE, N.Y. (WKBW) — The co-owner of the Duffs in the Eastern Hills Mall says he's joining some 40 other restaurants in a lawsuit against the New York State.
They're suing to allow customers to return to in-person indoor dinning eating.
“Nobody wants to hire an attorney. We're not doing this to take a victory lap on state government. We are doing this, purely, to advocate for our businesses and our staffs,” said Greg Duell.
Duell points to the state's own numbers that show restaurants and bars only account for 1.4% of the spread of COVID-19 cases in New York.
“The governor's guidelines and the restrictions that he had in place, whether it's masking and distancing and plexiglass, it was working,” added Duell.
The pandemic also halting plans to expand Duff's. The hope was to open a Duff's off Elmwood Avenue in the city.
“In hindsight, that was probably a good decision. But we're definitely not closing the door on Buffalo,” explained Duell.
The case goes to court on Monday.
A spokesperson for Governor Cuomo says, “We get sued virtually every day for virtually every action taken during this pandemic, and frankly I’ve lost track of all the frivolous suits filed against us. We are moving heaven and earth to contain this virus and we know some people are unhappy, but better to be unhappy than sick or worse.”