New York bars, restaurants suing state over coronavirus curfew get temporary OK to stay open later: report

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Ninety bars and restaurants suing New York state over a coronavirus-related 11 p.m. closing curfew were allowed to stay open until their normal 4 a.m. closing time this weekend after a ruling Saturday night by a state Supreme Court justice.

The decision by Justice Timothy Walker, granting a preliminary injunction, took effect immediately, WIVB-TV of Buffalo reported.

Steve Cohen, an attorney with law firm Hogan-Willig, which represents the plaintiffs, said the firm’s clients were pleased with the decision. The firm had argued that the curfew was not supported by science.

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"It’s probably the last-ditch opportunity for our clients to be able to get life breathed back into them. They were all hanging by a thread," Cohen said, "and Judge Walker gave them a lifeline."

"It’s probably the last-ditch opportunity for our clients to be able to get life breathed back into them. They were all hanging by a thread and Judge Walker gave them a lifeline."

— Steve Cohen, attorney representing New York businesses

Walker’s ruling applies only to the bars and restaurants participating in the lawsuit, WIVB reported.

Earlier this month, Hogan-Willig sued Gov. Andrew Cuomo, calling for a judge to make the state comply with its December request for access to state data on transmission of the coronavirus.

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Cohen said at the time that the firm wanted proof that the state’s coronavirus restrictions were justified by scientific data, WIVB reported.

Cuomo’s office responded at the time by saying it was withholding comment until it could review the lawsuit, and asserted that any claim of the administration engaging in "deception or obfuscation" was "simply incorrect."