A Brooklyn bar and restaurant has sued the state over the city's new indoor dining rules, specifically calling out the midnight curfew that will be put into place when indoor dining resumes on September 30th. Williamsburg's The Graham says in the suit that on top of all the other restrictions and new safety guidelines, the curfew is the proverbial stake in the heart of their business.
"Coronavirus does not behave as a vampire, infecting others only when the moon is out," the lawsuit states. “The Graham traditionally generated a substantial amount of its revenue after midnight and faces extreme financial hardship as a result of Cuomo’s new rule, which lacks any real or substantial relationship to stopping the spread of coronavirus, and instead actually makes the situation worse, as shrinking the hours during which New Yorkers can get a meal will result in more crowding during the fewer remaining hours."
Among their complaints, they argue that the state hasn't justified why they need to have the earlier closure time, and imply that instead of curtailing the virus, it will only make it more dangerous for patrons. "The requirement of an earlier closing time actually helps coronavirus to spread," the suit contends. "This is because a ‘food curfew’ is likely to cause many who would have gone to get food after midnight to do so before midnight, thus making the hours before midnight more crowded."
In response, Governor Andrew Cuomo's spokesman Jack Sterne told Gothamist, "Bars are closed in ten other states and many—including Rhode Island, North Carolina, and Washington—have similar restrictions in place because they recognize that late-night service can encourage individuals to gather and mingle, increasing the risk of COVID transmission. The plaintiff's lawyers are right: this virus is not a vampire—it is real, it is deadly, and the State will do everything we can to protect New Yorkers from it."
Last week, Cuomo announced that indoor dining would resume on September 30th in the city at 25% capacity, with other restrictions including temperature checks at the door, socially distanced tables, mask requirements, upgraded air filtration systems, and more. Indoor dining has been allowed throughout the rest of the state at 50% capacity since July.
More than 10,000 restaurants have opted into the city's outdoor dining program, which currently has an 11 p.m. curfew. We've reached out to the mayor's office to see whether that curfew will remain the same or move up to midnight once indoor dining returns.
The Graham owner Tov Lutzker told the Post that his establishment specializes in serving "the service industry, the second- and third-shift employees, everyone from MTA workers to those serving tables at other bars and restaurants. Historically, we have made 50 percent of our money after 2 a.m. To set closing time at 12 a.m. specifically just seems to be arbitrary and punitive to late-night establishments."
One possible factor involved with the city's decision on the curfew is that the subway has been closed from 1 a.m. to 5 a.m. every night since May 6th, following the suspension of 24-hour service to disinfect the system and root out homeless New Yorkers. There is no sign of that changing before the end of the year.
According to the State Liquor Authority (SLA), since the start of the pandemic, the state has suspended 168 businesses’ liquor licenses and filed 926 charges against businesses for failure to comply with Cuomo’s COVID-19 safety guidelines.
Prior to Cuomo's announcement about indoor dining, there were two lawsuits filed against the city and state to force the return on indoor dining. Several New York bars, restaurants and venues have banded together to sue the SLA over a rule change which prohibits them from offering live music, ticketed events, and other forms of outdoor entertainment.
A recent study from the Centers for Disease Control and Prevention found that adults who contacted COVID-19 were twice as likely to say they dined at a restaurant in the 14 days before falling ill.
