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.
WBEN NewsRadio 930 reported on Judge Timothy Walker’s decision soon after the ruling was made in New York State Supreme Court. Attorney Paul Cambria told WBEN “It’s time the legislature gets control of these decisions.” Mr. Cambria continued by stating “Hundreds of small businesses are suffering needlessly to arbitrary rules.”
After the court ruling, attorney Todd Aldinger recognized one of his clients in this case, New York State Senator Patrick Gallivan. One Twitter, Mr. Aldinger stated “Proud to have represented Senator Gallivan in this landmark victory against executive branch overreach.”
— Todd Aldinger, Esq. (@ToddAldinger) February 28, 2021
Some have questioned if the New York State Supreme Court ruling that lifts the curfew on bars and restaurants can be appealed by the state. Regarding a possible appeal, Paul Cambria told WGRZ 2 On Your Side “Even if they appealed, it would still take quite some time to get through the appellate courts.” Mr. Cambria went on to address the Governor’s executive orders by stating “his powers to do so are going to be extinguished in April and I don’t think an appellate court could actually reach this case, brief it on the merits, argue it and come with a decision by the time that happened.”
For more information regarding this matter click here to contact Paul Cambria or Todd Aldinger.