ROCHESTER, N.Y. — A Western New York State Supreme Court judge issued a preliminary injunction allowing some restaurants in orange zones to resume indoor dining.

“We’ve been done this long, I want to make sure I’m doing it properly," Donald Schwartz, owner of Veneto Wood Fired Pizza & Pasta in Rochester said hours after the ruling Wednesday.


What You Need To Know

  • The temporary Injunction is only for restaurants involved in the lawsuit

  • Once restaurants reopen, they must abide by 'yellow zone' guidelines

  • Attorneys say restaurants are safer than people gathering in their homes

Veneto Wood Fired Pizza & Pasta is just one of 90 bars and restaurants included in a temporary injunction allowing them to resume indoor dining under yellow zone guidelines.

“We’re ready to reopen in probably 24 hours, I mean we’re preparing food for takeout, so it’s nothing extra that we have to now but get the dining room reset and get back in business,” said Schwartz.

As of Wednesday night, attorneys are waiting on a judge to sign off on the order so restaurants involved in the case can hopefully welcome customers inside on Thursday.

“We want to do this, we want to bring our employees back. More importantly we want our customers to feel safe,” said Schwartz.

“I think these places are all setup to be safe and the public is not forced to go to any of them. It’s their choice whether to go in, and they’re going to judge a place by how safe they feel going in, people are not going to knowingly go out and try to catch the virus, that’s not what people are interested in doing," Corey Hogan, partner and owner of HoganWillig Attorneys at Law said.

The owner of Veneto’s tells Spectrum News he’s been frustrated with the closure which started just before Thanksgiving.

One argument attorneys in the case are using is state data showing restaurants are not the main cause of the COVID-19 infections.

“We know that restaurants are not the source, it’s 1.43%, 74% in the home, it’s safer to eat a meal at a restaurant than to go to somebody’s house," Attorney Hogan said.

Hogan is hopeful this injunction will send a message to the governor to decide on allowing all restaurants to reopen.

“Our goal is to allow our clients to operate in the common-sense mode, but without the restrictions of even a yellow zone,” said Hogan.