ERIE COUNTY, N.Y. (WKBW) — Starting Monday, the curfew for restaurants will be extended one hour. Restaurants will be able to stay open until midnight. Jimmy Butera, the owner of Butera's in Hamburg, said the extra hour of business won't offset the financial challenges restaurants are facing from other restrictions.
"It's starting to come around and it's cool that they're starting to open up the restrictions, but that's only part of what we need," Butera said, "The one huge thing is getting rid of the food when you order alcohol. I think that goes with the curfew. You open up the curfew you have to be able to get rid of the food."
He said it's difficult to watch other businesses have a significant number of their restrictions removed.
"We're sitting here watching them open up, looking out the window wondering what's going on here?" Butera said.
"They've opened up all of the other venues. Casinos, bowling alleys, you name it. Everybody's open. The only curfew to my knowledge that's being imposed is against the restaurants," Corey Hogan, an attorney at HoganWillig Attorneys at Law representing around 90 restaurants suing the state to have the curfew lifted, said.
Friday, a judge ruled those restaurants must abide by the 12 a.m. closing time.
"Let's not forget the other side of the story. These guys are going to go out of business. A lot of them," Hogan said.
That's why this week Hogan will be filing new action against the state to have all restaurant restrictions lifted.
"There has been no proof ever presented at any time since the pandemic started that their in-house dining is contributing to the viral spread. The proof is the opposite. So we're going to file new action maybe on behalf of even more restaurants," Hogan said.