There's mounting frustration among local businesses as they struggle to keep up with state guidelines on reopening. One in Buffalo is now taking legal action to get a better understanding of the latest guidance coming from the New York State Liquor Authority.

What You Need To Know

  • Sportsmens Tavern is suing the State Liquor Authority over latest round of guidelines
  • Live music venue wants to advertise their upcoming shows
  • Court hearing is set for August 27
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"It really doesn't make any sense to us," said Jason Hall, whose family owns the Sportsmens Tavern in Buffalo's Black Rock neighborhood.

Owners of the Sportsmens Tavern are trying to figure out the latest guidelines for licensed on-premise establishments that have been cleared to reopen in the pandemic. 

Hall said, "They're not telling us we can't have live music, they're telling us we can't say we have live music."

Before the live music venue opened back up in mid-June as part of the region's Phase 3 reopening, management there says the SLA allowed them to resume providing live music. Since then, they've had more than 80 shows.

But during that time, the state guidelines changed. Court documents say the SLA now prohibits all forms of live entertainment except for live music that is "incidental to the dining experience and not the draw itself." Advertised and ticketed shows are also not permissible.

"We've had correspondence with the SLA, one via email telling us we can open when we did with music and there was a follow-up phone call with my dad a few weeks ago and we forwarded that information to them. Right now until we hear otherwise, we have permission to operate," Hall said.

One of the things the venue is worried about is not being able to advertise their upcoming shows. As a result, they're suing the SLA to challenge that restriction.

"How do we follow one set of guidelines one week and then completely follow a different set of guidelines that really has nothing to do in our opinions? What do these different guidelines have to do with public health?" Hall asked.

The business has kept up with all the latest protocols such as making sure their patrons wear masks until they're seated, keeping them seated during shows, enforcing social distancing, and not having dancing. They're also operating under 50 percent capacity.

Hall says they're not trying to pick a fight, they just want some clarity.

"I just want to continue to try and save our business, that's really all we're trying to do," he said.

Spectrum News has reached out to the State Liquor Authority for comment. 

A State Supreme Court hearing is set for Thursday morning.

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