ROCHESTER, N.Y. — It was news many restaurant owners had been waiting for. State officials say all restaurants located in orange zones can reopen.  

The state doesn't agree with an Erie County judge’s decision to let restaurants reopen, which was the goal of a lawsuit filed in Buffalo and joined by about 20 Rochester area eateries. In a statement, Kumiki Gibson, counsel to Governor Andrew Cuomo, said the decision was made “to ensure uniformity and fairness."

What You Need To Know

  • State officials say all restaurants located in orange zones can reopen

  • The state doesn't agree with an Erie County judge’s decision to let restaurants reopen — which was the goal of a lawsuit filed in Buffalo and joined by about 20 Rochester area eateries

  • Monroe County Executive Adam Bello says he’d been pushing for reopening for several weeks

  • Though the ruling means bars and restaurants could reopen immediately, the owner of Highland Park Diner will welcome customer back on Saturday

Late last year, the governor barred indoor dining and service at bars and restaurants located in orange zones, areas which broke the state’s color-coded designation based upon COVID-19 cases.

“It’s depressing to look at an empty restaurant for going on seven weeks now,” said Van Zissis, owner of Highland Park Diner in Rochester.

Usually full, Highland Park Diner has been relegated to takeout only, and it hasn’t been easy.

“I wouldn’t wish this on my worst enemy,” said Zissis. “Just the stress alone, sleepless nights, worrying about your employees, worrying about your family, how you’re going to make ends meet."

Zissis joined other restaurant owners in a Buffalo-based lawsuit where a judge Wednesday said they could return to yellow zone rules of 50% capacity indoors. The state then said all restaurants in higher COVID orange zones could follow suit.

“Yeah we’re just happy that we’re opening,” said Zissis. “We were very anxious.”

The decision drew reaction from Rochester area lawmakers. Monroe County Executive Adam Bello says he’d been pushing for reopening for several weeks. Earlier this week, Rochester Mayor Lovely Warren sent a letter to the state, asking for relief for closed restaurants.

“It’s the right thing to do,” said Bello. “It helps with the issues of equity and fairness."

Though the ruling means bars and restaurants could reopen immediately, Zissis says Highland Park Diner will welcome customers back on Saturday. He wants to make sure it’s done safely.

“It's not gonna be tomorrow, it won't be for a while, but hopefully sooner than later, we get back to normal,” he said.  

Zissis also owns Mel’s Diner in Greece. He said that diner would reopen to dine-in customers Thursday.