Brooklyn Eatery Sues New York State and Gov. Cuomo Over Looming 'Food Curfew'

Limiting the hours during which food can be served is arbitrary, unscientific, and could cause overcrowding, the plaintiffs argue.


New York City is one of the world's dining capitals. It's also the city that never sleeps. Ergo, late night eats have long been part of the city's food culture. But that culture—and the restaurants that foster it—has been hammered by the COVID-19 pandemic and measures imposed by the city and state governments to limit the spread of the virus.

New York City suffered more than 23,000 COVID-19 deaths, but thankfully, overall rates of new COVID-19 cases have been decreasing in New York City for some time.

Now, both the city and state are taking embryonic steps to emerge from the pandemic and allow businesses to reopen in limited fashion. But New York City restaurants have found that the New York State rules for indoor dining in the city, which are set to take effect at the end of this month, impose not just tight restrictions on capacity but also on the hours that these businesses can stay open.

It's that latter issue—specifically, a midnight "food curfew" mandated by the state—that spurred one Brooklyn restaurant to sue the state earlier this month. That East Williamsburg restaurant, The Graham, is a cozy eatery that features everything from fried plantains to crispy D'Artagnan duck breast to avocado toast, a host of gorgeous cocktails, and a variety of weekend brunch options. 

According to the lawsuit, filed on September 17 against Gov. Andrew Cuomo, the governor's rule and set to take effect next week, "require[s] that New York City restaurants close by midnight each night, despite the fact that coronavirus does not behave as a vampire, infecting others only when the moon is out." What's more, the restaurant argues the rule is arbitrary and "lacks any real or substantial relationship to stopping the spread of coronavirus."

"After 6 months of closure, Governor Cuomo has finally agreed to allow New York City to join the rest of the state, and rest of the country, in offering limited indoor dining at 25 percent capacity," says attorney Jon Corbett, who filed the lawsuit on behalf of The Graham in the U.S. District Court for the Eastern District of New York, in an email to me this week. "The state has not explained why this rule is necessary, why it is imposed on New York City and not the rest of the state, and why it continues to issue rules without working with its industry partners to solve problems."

Jack Sterne, a Cuomo administration spokesman, responding to questions about the lawsuit, said the measure was needed because "late-night service can encourage individuals to gather and mingle, increasing the risk of COVID transmission."

But the lawsuit both anticipated and poured cold water on that suspect notion. Cuomo's rule, the suit alleges, "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."

The suit also declares Gov. Cuomo's new rule is just the latest in a series of seemingly arbitrary COVID-19 rules and head-turning reversals New York restaurants have faced over the past several months.

"For example, before the pandemic, food service establishments selling alcohol only needed to offer food for sale," the suit declares. "Then, pandemic rules required the sale of some food with every purchase of alcohol. Then, the Governor announced that full meals were required in order to purchase alcohol, declaring that traditional bar food items like chicken wings 'don't count.' Then, the SLA retreated on that, declaring that any foods more substantial than chips and popcorn will suffice."

(I blasted some of those same rules in a column last month.)

With any luck, unlike those whiplash-inducing alcohol rules, Cuomo's midnight food curfew will never take effect. That's because The Graham filed a separate request for an injunction, asking the District Court to halt enforcement of the rule, which is set to take effect on September 30, the date "indoor dining is allowed to resume in New York City restaurants at 25% capacity."

The rule is arbitrary and—whatever its intent—will harm struggling businesses without making New York City residents any safer.

"Absent a compelling explanation," Corbett says, "we look forward to a retraction of the rule." I do, too.

NEXT: Stop Overpolicing

Editor's Note: We invite comments and request that they be civil and on-topic. We do not moderate or assume any responsibility for comments, which are owned by the readers who post them. Comments do not represent the views of or Reason Foundation. We reserve the right to delete any comment for any reason at any time. Report abuses.

  1. “OK, to protect ourselves from closure, we ask our patrons to periodically chant ‘no justice, no peace,’ and we ask our outdoor diners to harass themselves.”

    1. Each patron will spray-paint “Black Lives Matters” on the window of the GameStop next door before gaining admittance.
      Don’t worry, they were looted and burned their products were liberated as reparations last week, so it’s okay.

    2. [ STAY AT HOME & WORK AT HOME ] Start making money this time… Spend more time with your family & relative by doing jobs that only require for you to have a computer and an internet access and you can have that at your home. Start bringing up to $65o to $7oo a month. I’ve started this job and earn handsome income and now i am exchange it with you, so you can do it too. You can check it out here…… open this site

        1. I quit working at shoprite and now I make $65-85 per/h. How? I’m working online! My work didn’t exactly make me happy so I decided to take a chance on something new… after 4 years it was so hard to quit my day job but now I couldn’t be happier.

          Here’s what I do…>>Cashapp

    3. Start making cash online work easily from home.i have received a paycheck of $24K in this month by working online Aby from home.i am a student and i just doing this job in my spare ?Visit Here

  2. We must follow the science!
    The CDC has clearly stated many times that the Communist Chinese Virus is fully capable of telling time.
    It is a part if the DNA sequence where it can tell the percentage of capacity in use, nad how it distinguishes state employee gyms from public gyms.

    1. It also commits suicide if it travels more than six feet zero inches from a human body and is the world’s largest virus, fully capable of being stopped by any random piece of fabric placed over the mouth. As you mention, it is intelligent too, and cannot affect diners in restaurants as long as they are seated.

      1. And it has progressive political sensibilities, able to tell the difference between BLM protests and Democrat funerals, and biker rallies and Trump campaign events.

      2. Statistics must strike you as some kind of black magic.

        The point of measures that are not 100% COVID-proof is to mitigate and minimize risks and frequency of contact. Yes, the virus can travel more than six feet on aerosols. Yes, a variety of fabric barriers provide only partial protection. Yes, sitting diners are still breathing the virus in and out. But by adopting practices that are sufficiently sustainable that they can be observed consistently, we can adjust the likelihood of transmission sufficiently to bend the curb of the spread down to something we can sustainably address with our healthcare facilities.

        Don’t get me wrong – a lot of do-gooder liberal extremism on mask wearing, etc., pisses me right the fuck off. But there is real science behind some of the practices you’re criticizing, and by adopting them, we can re-open sooner, and more widely, with fewer infections and deaths.

        1. If you don’t want to catch the virus, wash your hands and keep your distance. If you don’t want to give someone else your virus, wear a mask. If you think wearing a mask protects you from catching the virus, you’re not doing science right

          1. I stopped for lunch at a restaurant today and while there, I saw a car with two girls pull up. They were wearing masks. They got out of the car, walked into the restaurant, went up to the counter, ordered and then found a table. While waiting for their food, they took their masks off. They ate lunch, got up from their table, put their masks back on and got in their car and drove away.

            So- masks… two words: Cargo. Cult.

        2. “Slow the spread so we can be done faster”

          It really doesn’t make any sense.

          1. Yeah, strawmen rarely do.

            1. But this is literally what you’re suggesting. That slowing the spread will somehow allow us to go back to life quicker.

              Flattening the curve just to flatten it is not a logical goal. We want to reduce the time the at-risk must isolate, we want to reduce the time of the lockdowns, and we DO NOT want to drag our curve into flu season, when the at-risk NEED to be at the hospital.

              The only way the current mandates make sense is if we think we can drive cases to zero and keep them there. In March everybody understood that was impossible.

              1. The goal of the shutdowns was to get the community infection rate to a point where (i) re-opening activities like going back to work, opening restaurants, etc., would be relatively low-risk, in terms of promoting further spread, (ii) further outbreaks could be identified, contacts traced, and limited quarantines could be used to stop outbreaks from spiraling into full-blown, uncontrolled community spread; and (iii) less-effective means (like social-distancing conventions and consistent mask-wearing) could be used to slow the rate of spread meaningfully.

                From there, you re-open in stages, watching the metrics, until things are “back to normal.” Maybe the virus “burns out” and we can re-open quickly. Maybe we cross a critical threshold and it starts to spiral out again, and we have to pull back.

                In some states, they re-opened too soon, things spun out of control, and they’re now dealing with the consequences. In New York, they’re re-opening in some areas but taking too long in NYC, for no good reason.

                1. No, things never “spun out of control”. The healthcare system held up just fine without any extra help from the feds, and now the hospitalization numbers are cratering.

                  These statistics are widely available, you can’t just lie about reality.

                  1. I guess we mean different things by “spun out of control.”

                    I mean, the virus spreads widely and causes lots of avoidable deaths.

                    You apparently mean, the virus causes more deaths than we can accommodate in hospital rooms.

                    1. I quit working at shoprite and now I make $65-85 per/h. How? I’m working online! My work didn’t exactly make me happy so I decided to take a chance on something new… after 4 years it was so hard to quit my day job but now I couldn’t be happier.

                      Here’s what I do…>> Click here

        3. NYC can reopen now. The pandemic is over there and in most of Europe and the north-eastern US.

  3. Why do accounts of arbitrary, conflicting, and flip-flopping rule making sound like a second grade class trying to invent their own government?

    1. Because a second grade government has a chance of being functional?

    2. …..why it continues to issue rules without working with its industry partners to solve problems.”
      The government isn’t here to solve problems. They never have.

  4. The Science is settled!

  5. Jack Sterne, a Cuomo administration spokesman, responding to questions about the lawsuit, said the measure was needed because “late-night service can encourage individuals to gather and mingle, increasing the risk of COVID transmission.”

    “We must allow restaurant service, but make it unpleasant enough to reduce the number of people getting it.” Like motorboats vs. paddle boats in Michigan, or jogging on the beach vs. lying on the beach in California.

    1. They make a food desert and call it peace.

  6. IANANYer, so please clue me in on the politics at work here. How much of this is any specific animosity between the governor and mayor? de Blasio strikes me as far too leftish and an asshole to ever have any realistic chance at the Presidency. at least compared to Cuomo, but I suspect both want to rise as high as they can, and de Blasio probably could give Cuomo a political scare if he wanted to.

    Is that at all close to what passes for reality in NY? Are these two using NYC regs as weapons?

    1. De Blasio is a non-entity in New York politics now. He spends most of his time ducking responsibility for doing anything. The city council has begun trying to work around him, with Cuomo, to try to manage re-opening.

      New York doesn’t have strong home rule like cities in other states sometimes do. A lot of decisions are up to the governor. And for his part, NYC is just a piggybank. It finances his projects upstate and supports his constituents. The ones who matter to him most are the suburban voters – these are the swingy voters who determine who wins the Democratic nomination and the general election. And then, of course, Cuomo is eager to build his case for 2024.

      So you can see all of those dynamics in Cuomo’s reaction to COVID. He cracked down hard on New York and we saw cases plummet. Now he has this beautiful graph that he can run on – an initial wave, and then quiet ever since. So it’s key to him that he not lose that. If cases surge in New York, that ruins the narrative.

      This means that he has been unduly and unnecessarily harsh in the crackdown on NYC, relative to the rest of the state. Suburban counties got indoor dining months ago, but we’re still negotiating on NYC. And we have all of these stupid rules for outdoor dining/drinking, too. He doesn’t really care that this hurts businesses and night life. He just cares about the narrative.

      I suspect the curfew has a lot to do with the fact that the subways are still not running overnight. They are closed from 1-5 a.m. every morning for “cleaning” – also one of Cuomo’s mandates. If people could stay out past midnight dining, that closure will start to be a lot more visible and cause a lot more irritation. (Closing time, in NYC, prior to the pandemic, was 4 a.m.)

      Cuomo is not scared of de Blasio. No one likes him. It’s more that Cuomo has this feather in his cap and he doesn’t care how bad he has to hurt NYC in order to keep it, and we have no one to stand up for the city’s interests.

      1. It’s hilarious that Cuomo thinks anything he did has helped. The virus ran through the population and now they are finished because the steepest curves are done first.

        There’s an election coming up, and he needs people to not realize they’ve been locked down for no reason.

        1. I think the shutdowns definitely put a stop to the spread, early on. But he’s been fumbling the re-opening.

          1. The shutdowns did nothing.

            Georgia has not been shutdown at all and we have 6,874 deaths while infected since March 2020.

            1. Georgia had shutdowns. Kemp ordered a statewide shutdown in early April. The shutdowns were rescinded about a month later, followed by a spike in cases in July and a spike – I suppose it looks at this point more like an “elevated plateau” – in deaths about a month later.

              If we’re to believe the data – and in Georgia, that’s a big “if” – the case numbers are coming back down from the July spike, but are still above where they were in April. Meanwhile, Georgia is near the top of the list in total cases per capita and catching up to Illinois in deaths per capita. They’re near the top in terms of deaths in the last seven days.

              Setting aside Kemp’s incompetence, the situation in New York, and NYC in particular, is very different. The virus landed and hit here first. It was probably spreading extensively in January and February, and our case and death numbers show it. It’s taken the red states several months to catch up to our numbers. (A valiant effort, to be sure.) With that level of community spread, it takes a dramatic shutdown of activity to get things back to a level that you can manage with more targeted action.

              States like Georgia had more time to plan and to learn from New York’s mistakes. Mask mandates in some of its larger cities have probably helped to bend the spread’s curve at least somewhat. But you did have a shutdown, and it did seem to have an effect on delaying the spike you did experience. And it remains an open question whether you’re out of the woods.

              1. The more time to plan and early mistakes narrative is crap. There was tons of data from ittally about it affecting the elderly the most. Yet Cuomo still signed an order that nursing homes take in covid patients. That’s not a mistake that’s malicious

                1. Plenty of people are angry about Cuomo’s nursing-home decision. I won’t defend it.

                2. Yep. Italy gets the pass for going first. Cuomo signed his death order MARCH 23 and kept it active for SIX WEEKS.

          2. No, the virus burning itself out put a stop to the spread, and now you’re locked up for no reason. Hopefully you guys figure this out before the election.

            1. I don’t know what kind of evidence you could possibly point to for the assertion that the virus has “burnt itself out.” Cases are back up in a big way in France, Spain, Italy, and the UK. Deaths will likely follow in three-four weeks’ time. As for the US, states that were hit early, like Washington and California, are still seeing upticks.

              Believe me, I’d like to believe that New York has “burned through” the virus. I’d love to feel confident going out in public again that I won’t be infected. But it’s too soon to give credit to that theory. It looks like the only states that have experienced spikes like New York’s have been Arizona and Florida, which they experienced back in July. Given their different approaches, we may know in a few months’ time whether communities tend to “burn through” the virus. But right now, I think it’s too soon to tell.

              1. “…Believe me, I’d like to believe that New York has “burned through” the virus. I’d love to feel confident going out in public again that I won’t be infected…”

                We will all be pleased if you permanently crawl in a hole, along with the rest of the cowardly shits.
                Please do NOT bother telling the rest of us what to do to keep you safe; I don’t care.

                1. Ooga-booga! Me no scared of invisible beast! Argle-bargle breathe it in! Me strong and manly! Aarrrrrrrrr!!

                  Look, I’m not especially scared of the virus. I’m young-ish and reasonably healthy. I wear a mask only when it’s required. I think the shutdowns have gone too long and apply too broadly.

                  But I also know the science. The effects of the pandemic are observable. It seems like a nasty, contagious virus. You can get sick with it for an extended period of time, and it can have lingering effects even after you recover.

                  So I’ll go to a restaurant and try to enjoy a nice steak, but I’m not going to do that without an awareness that there’s a non-zero chance that the restaurant’s AC is blowing virus from a few tables over into my face, and some attention paid to any “symptoms” I might have for a while after that.

                  Going without a mask doesn’t make you brave or manly. Thinking that it does makes you childish.

                  1. But I also know the science.
                    No, grasshopper, you do not.

                    1. Quiz me, then.

                  2. “Ooga-booga!”

                    Cowardly assholes are welcome to crawl in a hole and stay there, cowardly asshole.

                    1. Me very big and scary! Me repeat me repeat! Ooga-booga-rawwwrr!

              2. It’s been obvious for months they are done. You don’t have the bug get to 25%+ prevalence and then crash because of anything YOU do. The virus did what it’s gonna do, and what it has done over and over all around the world. Climb to about 20% and then hard crash. Over and over and over around the world.

                Even today thousands of covid positives are visiting NYC and other parts of the NE. If the population were vulnerable, SOMEBODY would have kicked off another wave.

                Even in February when we didn’t know anything, we knew the virus has a cycle of 6-8 weeks. Thinking NYC and the entire NE somehow drug that out to 6 months is laughable. The data is clear and obvious.

                1. Yeah, you don’t have any evidence. You’re entirely speculating.

                  The Orthodox community in NYC believes it has reached “herd immunity.” There, they think the level of “prevalence” has reached something like 40% or so. Some citywide surveys have suggested that “prevalence” may have gotten as high as 60%. Still, there are outbreaks happening. Not out of control yet, but they’ve started, and we’ll have to see what happens next.

                  I absolutely agree that the 70-80% figure that every “knowledgeable expert” cites as the herd immunity threshold is way too high, and is based on a lot of false assumptions about COVID. But we don’t have the evidence to support the assertion that 20% is it, and I don’t see that supported by any of the infection data we have so far.

                  1. The evidence is in the data. NYC has been around 1% positive for MONTHS. The entire NE is the same. The rest of the country can’t get much under 4% no matter what they do. Obviously thousands of covid-positives are swirling around the NE every day. If the population were susceptible, there would be another wave.

                    If you don’t see the 20%-and-crash pattern all around the world, it’s simply because you’re not looking. It happened in Sweden and NYC and Florida and AZ and everywhere else. Of course in the worst places, the number will get a little higher because everybody has it all at once. But the key is that once the virus hits that 20%-25%, it starts crashing HARD. At that point, the crisis has passed and whatever new cases you see going forward will be easier to handle than the last peak was.

                    Over and over, all around the world.

              3. Cases are up in some places in Europe, but deaths are not up in any significant way. Which suggests that the numbers are an artifact of more testing and not a real indication of a “surge”. All “cases” are in this context are positive test results. And as we now know, the PCR test is very sensitive and not appropriate as a diagnostic test.
                A similar thing happened with Swine Flu. Articles have been written about it. It seemed like people learned the lesson, but now it seems to have been forgotten. You will find viruses in the population if you look. That doesn’t mean there is an epidemic going on.

          3. Cuomo did manage to kill thousands of nursing home patients with his unscientific regulations mandating nursing homes take in Covid+ patients. There is that.

            Phailing Phil Murphy, governor of the People’s Republic of NJ did the same thing. So did three other governors.

            How proud this dynamic duo must be of their ‘accomplishment’

    2. Another piece of this that I neglected to mention is that Cuomo’s legal authority is pretty weak here.

      His primary tools on re-opening are a broad authority to issue “directives” after an emergency declaration to promote public health, and then his authority to revoke liquor licenses. So there are all kinds of “arbitrary and capricious” and “non-delegation” challenges inherent in what he is purporting to do. He probably doesn’t have the legal authority to fine people for not wearing masks, for instance. It’s hard to see how he has the authority to impose curfews. A lot of this stuff is ripe for challenge.

      So what’s been happening is, he issues a harsh mandate, people threaten to sue, he agrees to a compromise solution designed to split opposition, and that either works or leads to further challenges. He doesn’t want to go to court on any of this stuff, because that risks a court coming in and saying, “No, you actually can’t do any of this stuff.” And then, whoosh – there goes his big-daddy image, his presidential narrative. So we just have to keep suing. It sucks.

      1. Who are you who are so wise in the way of politicians?

      2. There is no New York state or US Constitutional authority to close businesses or forced regulations on them that effectively close them down.

        or to order people to stay home.
        or to wear masks.
        or to stay 6 feet from one another.

        Even in time of war, the government does not have this authority.

        Regulation does not equal de facto absolute control over a business. Closing a business is de facto absolute control over a business.

        1. Federal authority? No, I’d expect a lot of that to be beyond Congress’s or the President’s power. That’s why Biden’s promise for a nationwide mask mandate is probably a lot of hot air.

          But controlling pandemic outbreaks is kind of a classic example of something states do have the authority to do. Whether New York state or NYC have properly authorized the kinds of actions the mayor or governor have taken is another question.

          For instance, as part of the city’s contact tracing regime, they try to get people who have been “ordered” to self-quarantine sign a document where they agree to do so. But the document is a mirage. All that it really amounts to is a statement that the person is entitled to the benefit of the city’s sick-leave laws. There’s no actual “order,” based on an actual legal authority, to self-quarantine. There’s just the person’s promise, on a government document, to do so. So if you violate it – they don’t have to cite a quarantine ordinance that you’re violating. They just say you’ve lied on a government document. No one should be signing that thing.

          But what the city does have is this legal authority to put people under quarantine. The problem with that authority is that it comes with all kinds of due-process-type protections. You can challenge being forcibly placed into quarantine. There are strict time limits on how long the city can hold you. And so on. So the BS “orders” I described above are really backed by a real authority to do something to you that would be more unpleasant.

          That’s what all of this stuff is, in New York – a bunch of loose authorities and mandates strung together with duct tape and yarn. It only works as long as people go along to get along.

          1. “…But controlling pandemic outbreaks is kind of a classic example of something states do have the authority to do. Whether New York state or NYC have properly authorized the kinds of actions the mayor or governor have taken is another question…”

            I assume you do not realize you contradicted yourself.

            1. I haven’t, but I’ll grant I haven’t put it in terms that a blockhead would understand.

              States constitutionally have the power to make laws to protect public health and safety. Those powers have been recognized to extend to controlling pandemics and other public health crises. But a governor or mayor needs to act pursuant to valid statutes or ordinances that specifically empower them to act. I think there’s a good argument that Cuomo is acting beyond that kind of authority – even though the state Assembly, if it so chose, could have given him the power to do what he is doing.

              This isn’t really that hard to grasp, and I imagine that you do grasp it. You’re just more interested in your idiot-performance.

              1. “I haven’t, but I’ll grant I haven’t put it in terms that a blockhead would understand.”

                Please find a blockhead to whom to spout your bullshit in that case.
                Cowardly assholes are welcome to crawl in a hole and stay there. cowardly asshole.
                I don’t care.

                1. “I don’t care.”

                  No? You seem to care very much that I understand that you think I’m a “cowardly asshole.”

                  Internet tough guys are always very adamant about how their incessant and persistent commentary should not, in any event, be taken as suggesting they care what anyone else thinks. Curious, that.

              2. States have laws. What cuomo is doing is not lawful or using laws. He’s declaring things. He’s bullying. He’s ordering without the authority to do so.

    3. Thanks, SimonP. That’s more insight than I expected or hoped for. Especially about weak home rule, which seems weird to this outsider; I’ve always thought NYC was the tail that wagged the state dog. But I guess there are different ways to wag.

      1. National media serving primarily non-New Yorkers tends to depict New York as some kind of communist experiment gone awry, but that’s not really what it is. NYC politics is dominated by finance and real estate, ideologically centered around a kind of hypocritically racist and performative “liberalism.” It always votes blue, but it doesn’t have enough population to outweigh the population of suburban and upstate voters. So statewide contests tend to be focused more at the suburbs and the smaller cities upstate. Like, Cuomo was getting investigated for some kind of corrupt scheme he had going for Rochester, before he shut it down. His big infrastructure projects have been building bridges for suburban commuters and this rail project to LaGuardia that would serve just about no one who lives in the city. And on and on.

  7. You vote for democrats and whiny liberaltarians, this is what you get.

  8. “The state has not explained why this rule is necessary, why it is imposed on New York City and not the rest of the state, and why it continues to issue rules without working with its industry partners to solve problems.”

    What part of FYTW are you having trouble understanding?

    “We can go back to normal once we have a vaccine” is bullshit, just like “slow the spread so the hospitals don’t get overwhelmed” was bullshit. There is no “going back to normal”, this is the new normal. Once you’ve demonstrated the willingness to be treated like sheep, you’re always going to be treated like sheep. Mask mandates and social distancing and restrictions on gatherings for any purpose whatsoever are now permanent – they’re just as justified for general public hygiene as they are for the coronavirus. And the fact that the mandates are expensive and difficult to meet are a bonus.

    Putting small businesses out of business is not an unintended and regrettable consequence of this crap, it’s the whole point of it. Small businesses are a pain in the ass for the government, it’s much harder to deal with independent-minded people with only a handful of employees and assets than it is to deal with big businesses. Big businesses are run by bureaucratic structures, big business and big government are simpatico, they understand each other. As a government bureaucrat, would you rather deal with a thousand Mom-and-Pop shops or one Amazon? Keep in mind that Mom and Pop see you as the enemy and they’ll fight you at every turn, Amazon sees you as an ally, helping them to eliminate the competition. It’s not a tough call.

    1. “As a government bureaucrat, would you rather deal with a thousand Mom-and-Pop shops or one Amazon? ”

      1000 opportunities for fines and graft vs 1 with huge legal supoort?

      Moms and pops. No question.

    2. I mean, just notice who’s filing this suit. It ain’t Darden’s or American Blue Ribbon or TriArtisan Capital*, they’ve got hundreds of restaurant outlets and millions of dollars in capital (and plenty of money for “lobbying” expenses), they can ride this thing out. Mom and Pop ain’t got none of that.

      *Who? Those are the corporations who own your friendly neighborhood fast-casual restaurant and they’re not so friendly and neighborhood as you might imagine.

      1. They can’t ride it out as long as their investors can go elsewhere.

    3. Part of that analysis fails. Closing restaurants isn’t about the size of the businesses, it’s about a type of activity. It’s not as if any big business will replace the small ones; a drug store chain can’t replace a bunch of bars.

    4. 2020 was the year liberty died. Who knew science fiction was that prescient?

    5. Cuomo has gotten taste of being Mao, and he likes it too much to give it up. Arbitrary and compulsory policies are so much fun to implement.

      1. He was doing the Mao thing before COVID. Spending tons of money on infrastructure projects, etc. New Yorkers are just lucky that he’s slightly more competent at it than Trump.

        1. “…New Yorkers are just lucky that he’s slightly more competent at it than Trump.”

          Tell us where Trump touched you.

          1. He grabbed me by the pussy. I just let him do it, ’cause he’s famous.

            1. Loser.

                1. He’s saying you are a loser.

                  1. Probably that, but certainly a cowardly asshole who is willing to tell YOU what to do so HE feels safe.

                  2. Sorry, I still don’t get it.

                    1. lol


                    2. It’s just the Trump Mean Girls club. They get all carry if anyone says something critical of Trump.

            2. “He grabbed me by the pussy. I just let him do it, ’cause he’s famous.”

              So on top of being a cowardly asshole, you’re a liar and a TDS victim; trifecta!
              Fuck off and die; the world will thank you.

              1. Well, you asked.

  9. New York City suffered more 23,000 COVID-19 deaths…


    New York had more than 23,000 deaths while infected with Wuhanvirus.

    New York City normally has about 58,000 deaths each year.

  10. Just dropping in to observe that Reason is ignoring the latest revelations from the Justice Department that the entire Russia Collusion thing was a fabrication by the Obama DOJ/FBI higher-ups abe everyone involved knew the entire time that there was absolutely nothing linking the President or his campaign to Russia, despite telling the American public otherwise for nearly three years.

    1. So fuck Obama and everyone in his administration and fuck Reason. This is the biggest political scandal in American history and the consequence of all three government overreach libertarians are supposed to oppose.

      1. It’s creepy how hard they’re ignoring it.

        1. Like really really creepy.

          1. You do realize you’re responding to a troll’s comment, right?

            1. No retard, it’s not a troll.

              1. You don’t think an account titled, “Derp-o-Matic 6000”, spouting a false and bizarre exaggeration of what the DOJ has actually said about the investigation of Russia’s ties to the Trump campaign, is a troll? A parody, then?

                1. Derp-o-matic has been here for years dumbfuck loser, who the fuck are you anyways ?

                  1. Derp’s length of tenure is no guarantee of his authenticity. I wouldn’t be at all surprised if he’s been mocking you lot to your face for years, and you’ve just idiotically taken his patent absurdity to be an endorsement of your views this whole time.

                    As for me, I came over when the VC did. I’ve been following the conserva-libertariian-tards for years.

                2. In the past few days a number of news stories have confirmed, unequivocally, that the effort in the FBI, CIA, and Justice Department to spy on the Trump campaign before the election and then pin the false accusation of Russian collusion on Trump after his election were all an effort to dictate the results of the election, and then overturn it when Trump won.

                  It was an out-and-out coup attempt by these government officials, apparently aided and abetted by Obama when he was still president.

                  First we learn that the FBI agents working on the fake prosecution of former National Security were so worried their misconduct would be uncovered by the Trump administration that they bought liability insurance to protect themselves.

                  The new FBI evidence was turned over late Wednesday and included a stunning revelation that FBI agents originally planned to close Flynn’s probe, known as Crossfire Razor, on Nov. 8, 2016, nearly a year before he was charged with lying to the FBI.

                  “He said shut down Razor” and “so glad they’re closing Razor,” an FBI official texted that day. “However [redacted] was silent though, so who knows what he will want.”

                  By January [2017], the FBI analysts were alarmed that their agency was engaged in misconduct that could be discovered by President Trump’s new attorney general. “The new AG might have some questions….then yada yada yada…we all get screwed,” one official wrote. [emphasis mine]
                  They all knew there was no evidence against Flynn, and to get his conviction required blackmail against him as well as the faking of evidence, both of which were done. Those acts by the way are outright crimes.

                  Next we learn that the investigation run by Robert Mueller into collusion by Trump and Russians knew there was actually no evidence at all.

                  Reinforcing this agent’s claim is the revelation, also this week, that Mueller investigators illegally wiped more than two dozen phones clean of data to prevent the inspector general from reviewing them. These lawyers thus consciously obstructed justice by destroying evidence. That is another crime, by the way.

                  Finally, the most important story of all. It turns out that the only source of information justifying all the FISA warrants and the Mueller investigation into the so-called Trump collusion with the Russians came from a source whom the FBI had previously investigated as a Russian spy.

                  In other words, the FBI knew Steele’s one source was a Russian spy planting false information against Trump, and went ahead and used this Russian disinformation against him. Thus, in gaining their FISA warrants they knowingly used false information. That is another crime, in case you don’t know.

                  To sum up, the FBI and Obama officials as well as Democratic Party members of Congress knowingly colluded with the Russians in an attempt to overthrow the legitimate president of the United States, even as they destroyed evidence, lied to Congress, to investigators, and to the FISA court.

                  1. Unless Biden and friends are indicted and arrested, no one will care. Without action, it’s just blah-blah-blah.

                  2. Rather than plagiarizing some random scifi author’s unhinged take on something like this, maybe you could do some more digging into the actual evidence?

                    I have done about all I’m interested in doing for now, but the “sources” the crank you’re copy-pasting here is using are court filings by Flynn’s lawyer, in support of his motion to get his case thrown out. They’re cherry-picked and framed in as unflattering a way as possible.

                    The truth of the matter is that we already have one DOJ report on the “investigate the investigators” plan, as well as a Senate report, and they’ve concluded that no improper political influence shaped the FBI’s investigation into Trump’s collusion with the Russians. Recent revelations from the DOJ only amount to an acknowledgment that one or two analysts at the FBI felt that the investigation didn’t have legs. We don’t have contextualizing information or any real reason to believe that the opinions of the person whose texts have been released are entitled to deference.

                    It’s just a big nothingburger, but it seems like there’s nothing in the world that will ever convince you lot that there isn’t some sinister, political motive, buried deep, deep inside. It doesn’t matter how many times a report is released by people with a vested interest in coming after Biden. You’ll find some scrap of a text message and balloon it into a massive conspiracy.

                    Never mind that you’re ignoring the underlying collusion! To you, the real “crime” is uncovering Trump’s dealings with the Russians to win the 2016 election, not conspiring with a foreign power to win an election. You’re despicable.

                  3. re: “the FBI knew Steele’s one source was a Russian spy planting false information against Trump”

                    About this link in the chain. How do you know that Danchenko was “planting false information”? Did you mean to say that Danchenko’s information was not corroborated?

                    1. Yeah, did he have a notarized membership card?

      2. Really? Bigger than Watergate?

          1. How so?

            1. No.
              Fuck you WK.
              You’ve had this explained to you a dozen times now. No more of your bullshit rhetorical games. You know exactly how so.
              Now fuck off.

    2. Run on sentence, kid

  11. Every age group is in the 99% survival range. It’s all a scam.

  12. “and why it continues to issue rules without working with its industry partners to solve problems.”

    I had to laugh at this. On what planet does the government work to solve problems? Their existence depends on them.

    1. I’d like to say they treat the symptoms and not the cause, but they really just make more suffer from the symptoms. And that makes those initially suffering feel better. Like if your sports team loses. But their rival also loses, you feel better.

  13. Clearly the Covid-cops want to avoid suffering from postprandial depression.

  14. It’s that latter issue—specifically, a midnight “food curfew” mandated by the state—that spurred one Brooklyn restaurant to sue the state earlier this month.

    Don’t feed them after midnight, and don’t get them wet!

  15. We call it, “Flexing your little tyrant muscles” in NJ = The way Cuomo is behaving.

  16. I’m a bit surprised it hasn’t been mentioned here, but apparently a dude in Maryland has been sentenced to a year in prison for violating restrictions by holding parties in his house.

    Shawn Marshall Myers is his name.

  17. I was born and raised in NYC, lived their off and on for a number of years as an adult, I traveled extensively, living and working in 20 some odd states and a couple of foreign countries too. I departed NYC permanently in 1967, for reasons sufficient to myself. I will not bore readers here with sad tales, as many will likely disagree with my action, that being up to them.

    As to the latest from Herr Cuomo, to those who bow to tin pot dictators, The Best of British Luck to you all. I would do otherwise, as I did years ago.

  18. I’m a bit surprised it hasn’t been mentioned here, but apparently a dude in Maryland has been sentenced to a year in prison for violating restrictions by holding parties in his house.

Please to post comments

Comments are closed.