BUFFALO, N.Y. (WIVB) — No relief today for the nearly 100 bars and restaurants part of an ongoing lawsuit against the state.
They still have to close at 11:00 p.m. following an anticipated court decision that came out late Saturday morning.
The establishments and their lawyers were hoping a judge would grant them a permanent injunction, which would have once again allowed them to stay open later.
Instead, the judge reasoned that because the petition was challenging a state executive order that technically expired, even though it was re-extended, he could not rule on the merits of the suit because it’s moot.
A spokesperson for HoganWilling says attorneys will need to redesign their next action to encompass the new law that keeps the curfew, as well as, the petitioners will also maintain a curfew is arbitrary due