BUFFALO, N.Y. — A temporary restraining order granted Friday will remain in effect barring any additional placement of asylum seekers at three hotels in the town of Cheektowaga.
Attorneys representing the town and the hotels conferenced in state Supreme Court Monday to discuss Cheektowaga's motion for a more permanent preliminary injunction. The parties had been in talks over the weekend to settle outside the courtroom.
"We did not want to add any fuel to the fire at this point in time, and thought it would be a better opportunity for people to talk to each other and reach a resolution that everybody feels works for them," Todd Soloway, who represents hotels across the state, said.
However, Cheektowaga said the situation has changed, as it argues the hotels are operating as shelters without the required site plans or special use permits. Eviction was not part of the initial motions, however, Town Attorney John Dudziak said it would have been, given recent events.
"Thing are changing and evolving quickly in terms of safety, health and welfare of not only asylum seekers that are housed in these facilities, but also the residents, law enforcement [and] first responders," Dudziak said.
Migrants at the Best Western on Genesee Street were evacuated Sunday night due to severe flooding from a broken sprinkler that the town's attorneys suggested was caused by people hanging materials from sprinkler heads. At the same time, as recently as Monday afternoon, attorneys said inspectors found portable cooking appliances and tampered-with smoke detectors after the fire department responded to a call at the Quality Inn also on Genesee.
Finally, migrants at a third Cheektowaga hotel on Dingens Street had been relocated to another location in Amherst in an effort to discontinue its use in the residential neighborhood. However, the county said people evacuated from the flooded hotel were subsequently moved to the Dingens location on a temporary basis.
Judge Emilio Colaiacovo scheduled a hearing on the preliminary injunction for Friday at 2 p.m.
"I think everybody will agree that this is a humanitarian crisis,” Colaiacovo said. “I don't think the court adds to it by moving people today without notice and consider that to be fair and just. These are people and they need to be treated as such. Now, on Friday, that might be the case. That might be the issue.”
He asked attorneys to make him aware of any new problems or issues that are relevant prior to the hearing.