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New York restaurateurs and Republicans on Monday are both making moves to force the state to lift an 11 p.m curfew on bars and restaurants.

GOP state lawmakers introduced a resolution Monday to scrap the forced closing times — while a group of nearly 50 establishments filed a lawsuit about the restrictions over the weekend.

Members of the state Assembly and Senate announced the joint resolution at the state Capitol seeking to rescind the curfew that Gov. Andrew Cuomo put in place on Feb. 14 to help curb the spread of the coronavirus.

The governor announced that starting April 5 he’d be lifting the curfew on casinos, movie theaters, bowling alley’s, billiard halls, gyms and fitness centers. But the restriction is still in place for restaurants and bars.

“These executive directives, coming from the governor … they seem arbitrary, they’re not following the science,” Assembly Republican Minority leader Will Barclay said at the press conference.

“Why is it we can lift curfews on gyms, casinos, bowling alleys and pool halls, but we can’t do it on restaurants and bars?” Barclay said. “And I’m going to tell you, this is having a real extreme economic impact on those facilities, and those restaurants and bars.”

Barclay said restaurant sales are down 44 percent with 8,000 restaurants closing since the pandemic began.


  A sign telling customers about the curfew for New York City restaurants in the West Village on February 14, 2021. Alexi Rosenfeld/Getty Images A sign telling customers about the curfew for New York City restaurants in the West Village on February 14, 2021. Alexi Rosenfeld/Getty Images

Meanwhile, a group of 46 restaurants, bars, comedy clubs and strip clubs from all over the state — including from the Big Apple — filed a suit over calling for a judge to overturn the curfew.

Keeping the cap in place is “arbitrary and capricious” and not based in science, the Onondaga Supreme Court lawsuit from Saturday argues — given that state contact tracing found only 1.4 percent of the spread of the virus occurs at bars and restaurants while 74.3 percent occurs at home and social gatherings.

“The curfews will only lead to many people turning to home gatherings where covid spread is the highest instead of restaurant and bars where the spread is minute,” Stanford University epidemiologist Dr. Jayanta Bhattacharya said in an affidavit included with the the suit.

The restaurant owners argue they are losing business to those in nearby states that don’t have the same restrictions, such as Connecticut, New Jersey and Pennsylvania, the court documents say.


  A person eating outside at a restaurant near Bryant Park in Manhattan on March 14, 2021. Noam Galai/Getty Images A person eating outside at a restaurant near Bryant Park in Manhattan on March 14, 2021. Noam Galai/Getty Images

The restrictions have caused “serious financial hardship and eviscerated the petitioners’ ability to operate their businesses,” the court papers say.

“Petitioners have a clear legal right to not be subject to subjective and discriminatory decisions and policies promulgated by respondent which amount to the government picking winners or losers without any basis in science, medicine or logic,” the suit charges.

Another similar suit was filed in Suffolk county earlier this month by a group of 31 businesses also asking a judge to nix the curfew.

In that case, they claimed a decision by an Erie County judge from March 1, allowing group of 90 restaurants to operate without a curfew, bolstered their claims seeking the same thing.

The governor’s office did not immediately return a request for comment.


  People eating outdoors in New York City on March 21, 2021. Alexi Rosenfeld/Getty Images People eating outdoors in New York City on March 21, 2021. Alexi Rosenfeld/Getty Images
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