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Curfew ruling presents unequal playing field for restaurants ahead of big weekend

Melissa Fleischut of the New York State Restaurant Association says it's a good opportunity for Super Bowl Sunday, but one a majority of restaurants aren't getting.

BUFFALO, N.Y. — Buffalo Grill N Ale House is one of the nearly 90 restaurants that can now stay open until 4 a.m. after receiving a temporary restraining order on the state's 10 p.m. COVID curfew.

"You know it's been a long time coming," Justice Sheehan said.

Sheehan, whose father owns the bar and restaurant and is one of 90 or so plaintiffs who sued the state this week, got a quick decision from a judge ahead of this weekend's big game.

"You know, all the small businesses here are obviously struggling with the curfews and all the restrictions we’ve had to have in place. But you know we’re pulling through, and it’s good news that we can stay open until 4, and hopefully it sticks," Sheehan said.

Sheehan handles the front end and bartending at Buffalo Grill N Ale House. He says from sectioned off booths, Plexiglas screens, and divvied up bar seating, the restaurant has adapted to meet state standards.

"We are now allowed to have 10 people at a table, so we do have two tables in the middle of the building to accommodate for, you know, larger parties," Sheehan added.

The Sheehans are getting ready for a busy Super Bowl weekend that Justice says almost didn't happen.

Before the Friday ruling, he says they considered not even opening. The Super Bowl likely won't end until after 10 p.m. Sunday, and the curfew would have meant customers couldn't stay through the end.

"But now that we can stay open we’re probably going to be open, but you know getting the logistics behind it, we still haven’t had the chance to talk about it yet with this being so fresh," Sheehan said.

It's a little last minute but still a good opportunity, one that Melissa Fleischut from the New York State Restaurant Association says unfortunately the majority of restaurants aren't getting.

"A really quick decision for [those 90 restaurants] and a big win for them, but obviously we have concerns for all the other restaurants out there," Fleischut said.

When asked about how she thinks the Governor's Office might respond to this most recent ruling, Fleischut said, "Will that eventually lead the governor to lift the curfew, change the curfew? I don’t know.

"You know, when asked this morning, he said no, he didn’t plan to change the curfew. But you know we’re still holding out hope that he may change his mind or at least tweak it in some way for us."

Fleischut added that unlike the past two lawsuits involving restaurants and other businesses in Western New York, several other cases filed elsewhere in New York have not received favorable judgments.

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