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Court Victory Obtained for Over 90 Bars and Restaurants in Legal Battle Over New York State Curfew

Several media outlets have reported on the recent court victory Lipsitz Green Scime Cambria obtained on behalf of its clients in a case against New York State regarding an 11:00 PM curfew imposed on bars and restaurants.

On Saturday, February 27th, a State Supreme Court Justice ruled in favor of more than 90 bars and restaurants from Western New York that pursued legal action to lift a curfew that was imposed on their business. Paul J. Cambria, Jr. and Todd J. Aldinger of Lipsitz Green Scime Cambria served as co-counsel, representing the bars and restaurants in this case along with attorneys from HoganWillig.

In November 2020, a curfew was enacted on bars and restaurants in New York State through an executive order by Governor Andrew Cuomo. On February 27, 2021, Judge Timothy Walker issued a preliminary injunction, which removed the curfew for bars and restaurants involved in this case. These bars and restaurants can now resume the business operations they had in place prior to the state’s executive order.
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The Buffalo News Reports on Todd Aldinger’s Court Filing for His Client’s Latest Legal Fight With New York State Over Mask Wearing at Orchard Park Gym

Attorney Todd Aldinger’s recent court filing on behalf of his client, Athlete’s Unleashed, was covered by the Buffalo News for a recent front-page story.

Robert Dinero, owner of Athlete’s Unleashed, gained national attention when he waged a successful legal fight against New York State due to the COVID-19 related restrictions the state placed on his Orchard Park gym.

As the Buffalo News reports, Mr. Dinero is now under the threat of a new court order based on recent filings by the New York State Office of the Attorney General. The state Attorney General’s office claims that photos posted on the gym’s social media accounts demonstrate that Athlete’s Unleashed has violated Department of Health regulations.
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Legal Analysis on Executive Order Allowing Businesses to Deny Entry to People Without Masks

Following a statewide shutdown due to the coronavirus pandemic, New York State has begun phases of reopening. As counties in Western New York are on the brink of entering Phase II of reopening, businesses continue to assess how to address health concerns.

In public briefings, Governor Andrew Cuomo has stressed the importance of all citizens wearing face masks when in public to help prevent further spread of COVID-19. This week, Governor Cuomo issued a new executive order, which allows New York State businesses to deny entry to customers who are not wearing a mask or face covering.

As part of the ongoing coverage of the coronavirus pandemic, WGRZ 2 On Your Side recently aired a story on Governor Cuomo’s new executive order. Reporter Jackie Roberts explored the legal rights of customers and how this executive order may be enforced. Attorney Barry Covert was interviewed to provide legal analysis for this report.
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