State eases indoor rules for eateries

ALBANY — New York will allow upstate restaurants in “orange zones” to reopen indoor dining after a judge indicated he was likely to side with eateries in Erie County suing the state over COVID restrictions.

Supreme Court Justice Henry Nowak on Wednesday granted a preliminary injunction to a group of restaurants that filed a lawsuit against the state, allowing them to serve customers inside until a final determination could be made in the case.

Portions of Erie County were designated as orange zones in late November under Gov. Cuomo’s color-coded coronavirus microcluster plan as cases increased statewide.

In the orange zones, restaurants are only allowed to serve diners outside and offer takeout.

Lawyers for the establishments noted Cuomo’s own admission last month that the majority of COVID-19 cases seen during the recent surge were the product of “living room spread” and small gatherings.

In his ruling, Nowak said the 90 restaurants suing the state “demonstrated that the Orange Zone designation has caused loss of revenue, unemployment, potential foreclosure, and hardship upon Erie County residents.”

In response, Cuomo’s office said Thursday that the state will allow all restaurants in any designated orange zone to reopen indoor dining at 50% capacity and limiting tables to four customers at a time.

Counsel to the governor Kumiki Gibson said that while the state is reviewing the decision, eateries in orange zones can open their doors “to ensure uniformity and fairness.”