With more than 100,000 views on TikTok, Brandon Carr, the owner of The Quarter in Buffalo, says his fake Walmart sign is a demonstration for state officials.

"I have no actual intentions of defying and opening up for business, it’s just the simple fact of the matter that several days prior to Black Friday our numbers were red zone numbers but they didn't put us in the red zone because the state is bringing in so much money from sales tax on Black Friday,” said Carr.

Carr says his argument is that big chain stores like Walmart continue to remain open to crowds of people.

"People are crammed in an aisle touching shoulder to shoulder looking at toys and putting them back and someone else touches it, that's an absolute super spreader,” he said.

Carr added that he feels it’s unfair that small businesses who've spent thousands of dollars on COVID-19 safety regulations are closing left and right, and that big chain stores aren’t having to pay the price.

"They were able to do this with no consequence, no fines, they didn't have sheriffs walking in there,” he said.

Carr tells Spectrum News that he thinks the color coded zoning system is confusing for business owners.

"Contact tracing is showing that bars, restaurants, and gyms are not the cause, house parties are. If you're trying to follow the science then why aren't you following the science, if house parties are the problem then you should be focusing on that,” he said.

The fake Walmart sign is only the beginning. Carr says that many small business owners including himself will be taking legal action.

"We have hired attorneys to fight on behalf of all small businesses in Western New York that the restrictions placed are unconstitutional,” he said.

Carr says he'll continue to fight for what he believes in but he'll do it while playing by the rules. He says he will not open his restaurant but continue curbside pickup.