New York Post

Wrong side of border

- Priscilla DeGregory, Julia Marsh and Bernadette Hogan

A Queens restaurant is losing business to Long Island eateries just a block away — because diners are allowed to feast indoors across the border but not in the city, a new lawsuit charges.

Owner Joe Oppedisano and daughter Tina Maria’s Il Bacco (above), in Little Neck, near the Nassau County towns of Great Neck and Lake Success, calls it unfair that the city doesn’t allow indoor dining and says coronaviru­s executive orders that began in March violate its constituti­onal rights, according to a Manhattan Supreme Court lawsuit.

“If a restaurant patron travels five hundred feet east or one city block east from [Il Bacco], patrons are in Nassau County and can enjoy indoor dining in an air-conditione­d room,” court papers charge.

“According to Governor Cuomo, it is dangerous to eat at [Il Bacco] . . . but it is safe to dine indoors a few hundred feet east.”

The 28-year-old Italian restaurant can’t afford to keep operating unless it can resume indoor dining, according to the lawsuit, which seeks an annulment of the pandemic executive order and $2 billion in damages for Il Bacco and others that may want to join a potential class-action lawsuit.

The state order on indoor dining affects more than 150,000 other NYC restaurant­s, too — most of which can barely pay the

rent, the suit argues.

Il Bacco “is losing all of its customers to restaurant­s in Nassau County and is suffering irreparabl­e harm,” filings claim. “There is absolutely NO SCIENCE that will prove that ‘indoor dining’ is safer one city bock east from [Il Bacco].”

Gov. Cuomo has OK’d indoor dining in every state region except New York City.

The lawsuit is seeking a sweeping ruling from a judge that “the executive orders keeping people in their homes and away from their businesses — and all other orders, rules, and enforcemen­t activity related to them — are unconstitu­tional.”

The suit lists Gov. Cuomo, the mayor and the state attorney general as defendants.

“The bottom line is that New York City was hit the hardest and the Governor took action to reduce infections in the areas that were driving clusters in other large cities around the country,” said Cuomo senior adviser Richard Azzopardi. “We understand that some people are unhappy, but better unhappy than sick or worse.”

The AG’s office deferred comment to Cuomo’s office. A rep with the mayor’s office said he can’t comment on pending litigation.

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