BUFFALO, N.Y. (WKBW) — Saturday, a judge ruled in favor of a group of Western New York restaurants to stay open past the state's 11 p.m. curfew. The curfew was put into place by the state in an effort to stop the spread of COVID-19.
Supreme Court Judge Timothy Walker said he made this decision because since indoor dining reopened January 14th, hospitalization rates have improved.
The state has argued the CDC considers indoor dining a high risk activity.
"Getting people out of their homes has proven the fact that we're on the decline and we are 100% part of the solution," Paul Santora, owner of Santora's Pizza Pub and Grill, said.
That's why restaurant owners said they hope the curfew is removed across the state.
"It shouldn't just be the 90 plus that are in the lawsuit. This should be statewide," Brandon Carr, owner of The Quarter, said.
Not only do restaurant owners say abolishing the curfew helps decrease COVID rates, but it also gets people back to work.
"We get to have extra staff on for a much longer period of time. They make more money and the economy stays stronger," Santora said.
February 5th, Judge Walker issued a temporary restraining order allowing restaurants to remain open past curfew. Just five days later, an appellate court judge shut that down.
Judge Walker's Saturday decision to grant a preliminary injunction allowing restaurants to stay open past 11 p.m. overrides that appellate court ruling.
That has restaurant owners hopeful, but weary of the future.
"So feeling 100% secure moving forward is almost an impossibility. Do we feel better about it? Do we feel better that our restrictions and the overpowering of New York State to a local business has been reduced? I think so. I hope so. I hope that moving forward we don't have any issues," Santora said.
A copy of the judges decision can be found here.
In response to Judge Walker's decision, the state said, "We are reviewing the decision and are considering all options."
The judge also denied the state's motion to move the case to Albany.
Restaurants allowed to remain open past 11 p.m.:
A.C.+ J RESTAURANT, INC. d/b/a THE PEPPERMILL RESTAURANT,
ALFIERI DUQUIN, INC.,
AMHERST PIZZA & ALE HOUSE, INC.,
BANCHETTI BY RIZZOS, INC., d/b/a BANCHETTI BY RIZZO'S,
BILL SHAFLUCAS, LLC, d/b/a BREW BUS BUFFALO and DJ TRIVIA OF WNY,
BOTTOMS UP V, LLC d/b/a BOTTOMS UP,
BUFFALO'S BEST CATERING, LLC,
BUFFALO GRILL N ALE HOUSE, LLC d/b/a, BUFFALO GRILL N ALE HOUSE,
CAMPFIRE GRILL II, INC,
CARJONS RESTAURANT GROUP, INC. d/b/a SHARE
KITCHEN + BAR ROOM,
CHICK'S RESTAURANT AND LANES, INC.,
COWBOY OF CHIPPEWA, INC., d/b/a THE COWBOY
COLONIE LOUNGE, INC. d/b/a COLONIE LOUNGE,
CRITCHEN, LLC, d/b/a THE CRITCHEN,
DA BADA, INC. d/b/a BADABING BAR AND GRILL,
DADDY GOO GOO, LLC, d/b/a CASA DI FRANCESCA'S,
DDF RESTAURANTS, INC. d/b/a DUFF'S FAMOUS WINGS,
DON BENOIT d/b/a PRESCOTT'S PROVISIONS,
DVS PROPERTIES, LLC,
D&R KAZ,. INC. d/b/a KAZ'S BAR,
EXPO MARKET, INC.,
GALLERY EVENTS, LLC d/h/a VENU,
GABRIEL'S GATE, INC.,
GERTIES, INC. d/b/a GERTIE'S RESTAURANT,
GREEK TO ME RESTAURANT, LLC, d/b/a GREEK TO ME RESTAURANT,
GYPSY BOHEMIAN GROVE BAR, INC.,
HUTCH & ASSOCIATES, INC., d/b/a HUTCH'S RESTAURANT
ICE HOUSE PUB, LLC, d/b/a ICE HOUSE PUB,
JMB ENTERPRISES OF ERIE, INC. d/b/a MURPH'S WARSAW GRILL,
JOHN DOE CORP.,
KFEATHER5, LLC d/b/a DUFF'S FAMOUS WINGS,
KMT MANAGEMENT, INC, d/b/a BUFFALO BREW PUB,
KELLY'S KORNER, INC.,
KOOKOOVAYIA, LLC, d/b/a DUFFS OF ORCHARD PARK,
LADY BIRDS RESTAURANTS, LLC d/b/a THE BAYOU,
LOCAL BUFFALO, LLC,
LOCAL GRILLE & CATERING, LLC,
LYONS, BIGGANE, INC. d/b/a THE BYRD HOUSE RESTAURANT
MALBEAT INC., d/b/a MALLWITZ'S ISLAND LANE,
MAMBRINO KING WINE-COFFEE BAR, LLC,
MANFURT & TORALTI RESTAURANTS, INC.,
MARY·SANTARINl d/b/a LONDA'S DINER,
MATILDA BIRD,· LLC d/b/a THE GLOBE,
MCCANS, INC. d/b/a MOONEY'S SPORTS BAR & GRILL,
MIKEYCA TIE, INC. d/b/a ROOKIES SPORTS BAR
MKC RESTAURANTS, LLC dlb/s NEAT,
MPR RESTAURANTS WNY, lnc. d/b/a SCHNITZEL & CO.,
MUSTANG SALLYS SPIRITS AND GRILL, INC. d/b/a NY SHOWGIRLS,
MY TOMATO PIE, INC.,
OVERPASS PUB, LLC d/b/a OVERPASS PUB,
PHARAOHS GC, INC.,
RADCOL, INC. d/b/a RADIGAN'S,
RAPHAEL'S CORP. d/b/a RAPHAEL'S,
RIZOTTO, INC., d/b/a RIZOTTO ITALIAN EATERY,
RIZZO'S CASA DI ITALIA, INC., d/b/a RIZZO'S CASA DI ITALIA,
RUSSELL M. BRAUN, INC. d/b/a SMOKIN LITTLE DINER
SANTORA 'S PHASE II, LLC,
SANTORA'S PIZZA PUB AND GRILL, INC.,
SCOTT A. JARGIELLO d/b/a CAMPFIRE GRILL,
SCHWEIS SPRINGER, LLC, d/b/a EBENEZER ALE HOUSE
SHOWNY, LLC d/b/a SCULPTURE HOSPITALITY OF WNY,
SMITH BUDUSON, INC .. d/b/a ROBBIE'S BAR AND GRILL,
SPORTS CITY PIZZA PUB, INC. d/b/a SPORTS CITY PIZZA PUB,
STEEL CITY PUB, INC. d/b/a STEEL CITY PUB,
SUNNY'S DRIVE IN, INC., d/b/a NINA'S CUSTARD,
SUNNY'S DRIVE IN TRANSIT, INC.,
TACO COCINE ELLICOTT, LLC d/b/a DEEP SOUTH TACO,
TACO COCINE HERTEL, LLC d/b/a DEEP SOUTH TACO,
TANTALUS, LLC, d/b/a THE YELLING GOAT RESTAURANT,
TBF ENTERPRISES, INC.,
TETON SKY CORP. d/b/a TETON KITCHEN and
TETON KITCHEN ELMWOOD,
THE DEFIELDS CORP. d/b/a
THE FIRE HOUSE SPORTS BAR & GRILL,
THE HOWLING ROOSTER, LLC,
THE ORIGINAL PANCAKE HOUSE OF ORCHARD PARK, INC.,
THE ORIGINAL PANCAKE HOUSE OF WILLIAMSVILLE, INC.,
TRACY STREET PRODUCTIONS, INC.,
WILLIAM JAMES DEVELOPMENT CORP. d/b/a RODNEY'S RESTAURANT
WNY BEER CLUB, LLC d/b/a RUSTY NICKEL BREWING CO.,
WNY RESTAURANT SYSTEM d/b/a DUFF'S FAMOUS WINGS,
30 ENTERTAINMENT, INC., dlb/a MANOR LANES,
23 S. BUFFALO ST., INC. d/b/a THE POUR HOUSE BAR AND GRILL
99 BRICK OVEN BAR AND GRILLE, LLC,
3989 MAIN STREET, INC. d/b/a, BRUNNER'S TAVERN,
5111 GENESEE ST., INC. dfb/a SCORES,
5786 TRANSIT RD., INC. d/b/a FIELDSTONE COUNTRY INN, and
8444 TRANSIT RD., LLC d/b/a TAVERN AT WINDSOR PARK