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State allows indoor dining again in hot spots following lawsuit

Associated Press

Some Erie County restaurants that had filed a lawsuit against New York state over a coronavirus restriction that bans indoor dining got a preliminary injunction against it being enforced.

Posted: Jan 14, 2021 11:19 AM
Updated: Jan 14, 2021 3:41 PM

ALBANY, N.Y. (AP) (UPDATED) - Restaurants in some COVID-19 hot spots in New York can once again offer limited indoor dining, the governor's office said Thursday.

Those restaurants can allow up to four people per table to dine indoors, Cuomo’s office announced Thursday.

The decision comes a day after some Erie County restaurants won a preliminary injunction for themselves against the state’s enforcement of the indoor dining ban.

Cuomo’s counsel Kumiki Gibson said his office is reviewing the decision and disagrees with it. It’s the latest lawsuit that has questioned Cuomo’s micro-cluster approach that he launched in October, when cases began surging statewide.

Gibson released the following statement Thursday:

"A court decision yesterday temporarily granted a select few restaurants located within an Orange Zone in Erie County the ability to resume indoor dining under the rules governing Yellow Zones. We are reviewing the decision. While that process is ongoing, to ensure uniformity and fairness, all restaurants operating in Orange Zones can now operate under rules governing Yellow Zones.

"We disagree with the court's decision and its impact on public health as Federal CDC data clearly demonstrates indoor dining increases COVID-19 spread. From the start of this pandemic, the State has acted based on facts and the advice of public health experts, and we will continue that approach."

Cuomo’s approach has often led to disagreements between state and local officials, whose data can often differ, and confusion for residents.

The parties will have to go back to court to determine if the injunction will become permanent.

New York Coronavirus Cases

County data is updated nightly.

Cases: 1279811

Reported Deaths: 41587
CountyCasesDeaths
Queens1600187889
Kings1568738092
Suffolk1298042624
Nassau1160652581
Bronx1069555302
Westchester857231819
New York765463456
Erie524731390
Richmond455161388
Monroe44631780
Rockland32137817
Orange29078656
Onondaga27948535
Oneida16976352
Dutchess16963322
Albany16521260
Niagara12229248
Broome11255260
Saratoga937583
Schenectady8770128
Ulster7822196
Rensselaer6965106
Putnam657675
Chautauqua566064
Chemung5643108
Oswego496169
Ontario477082
Steuben4632131
Cayuga447471
Sullivan388749
Wayne372254
Genesee3689100
St. Lawrence368563
Herkimer368259
Cattaraugus342761
Jefferson327224
Madison317376
Livingston273742
Tompkins270724
Cortland266854
Columbia252472
Allegany237575
Montgomery226575
Tioga222854
Wyoming221244
Clinton220918
Fulton214053
Warren211942
Greene207860
Orleans194569
Chenango179544
Otsego173823
Washington154224
Lewis154024
Seneca123946
Franklin11649
Delaware102923
Essex98819
Schoharie9145
Yates83519
Schuyler72410
Hamilton1471
Unassigned53122
Out of NY0166
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