ROCHESTER, N.Y. — Restaurant owners in designated orange zones in Rochester are lining up to join a lawsuit demanding that they be able to resume in-person dining service. Many are upset that they’re closed due to state COVID-19 rules, while other nearby restaurants can stay open.  

The small protest outside Veneto, on East Avenue highlighted the much larger issue being handled inside.

“We need help,” said owner Donald Swartz. “We’re not looking for a handout.”

The sign which reads “please wait to be seated” is no good for now. No one can eat at the Italian restaurant. Swartz has joined a lawsuit against New York state started by Buffalo restaurant owners demanding they be allowed to reopen.

“They do what they're told to do, and then they get shut down,” said attorney Corey Hogan.

Hogan is the lawyer pushing to overturn New York’s orange zone regulations for eateries, telling other restaurant owners assembled at an informational meeting that even data cited by the state shows COVID-19 spread in restaurants is miniscule.

“If that's the case, and no one can refute, what in God's name is somebody doing telling that person that they can open up in the United States of America?“ said Hogan.

Van Zissis owns two Rochester area diners, including Highland Park Diner. The parking lot, usually full during breakfast and lunch, is nearly empty now. Many of his out of work employees from that diner, and Mel’s Diner in Greece, made up the group of protestors.

“A customer going to another restaurant does not stop the spread,” said Zissis. “All we want is fairness. We went to open back up safely, and take care of our employees."

The suit asks that all restaurants be allowed to reopen at 50% capacity. Lawyers will make their arguments in a Buffalo courtroom Friday afternoon.