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Republicans try to end 11 p.m. bar, restaurant curfew

State Sen. George Borrello, R-Sunset Bay, speaks during a news conference Monday in Albany.

Republicans are trying a two-pronged approach to allow bars and restaurants to remain open longer.

Last November, Gov. Andrew Cuomo issued Executive Order 202.74 that imposed a 10 p.m. curfew for bars, restaurants, gyms, fitness centers, and other facilities throughout the state. Earlier this year, he extended the curfew to 11 p.m., and just last week, lifted it altogether for gyms, fitness centers, casinos, movie theaters, bowling alleys, and billiard halls beginning April 5. However, he left the rule in place for bars and restaurants, saying it would be reevaluated next month.

Republicans gathered in Albany to announce a new effort to roll back the curfew, saying the 11 p.m. rule isn’t based in any sort of science.

State Sen. George Borrello, R-Sunset Bay, is among the co-sponsors of legislation that would allow bars and restaurants to stay open until at midnight. Borrello said the fact that Chautauqua County borders Pennsylvania, which will have no such restrictions as of April 4.

“I’ve said many times in the past that I bear the scars of doing business in New York state,” Borrello said. “Right now I’m standing here in front of you talking about the scars, the irreparable damage that has been done to our hospitality industry. If you look around your neighborhoods you see the shuttered businesses. Here we are on day 18 after the Democrats said we’ve rescinded his powers and here we are on day 18 and nothing has changed at all. Except for one thing — more businesses have closed. More restaurants will close and never reopen. More people are deciding to pack their bags and leave New York.”

S.5880 is sponsored by Sen. Phil Boyle, R-Bay Shore, while Borrello and seven other Republicans have signed on as co-sponsors. The bill would authorize the state Legislature to modify or amend any executive order by concurrent resolution or other legislative action while also amending Executive Order 202 to allow restaurants to stay open later. Companion legislation has been introduced in the state Assembly.

“That’s going to have a direct negative impact for those that live on the border, especially,” Borrello said about Pennsylvania loosening restrictions. “It’s a five minute drive into Pennsylvania from some points in my district. So we’re going to suck more business out of New York state. We’re going to suck more income. … Just like this is not based in science, neither are many other policies that this governor has continued to force down the throats of our small businesses. We employ thousands of people in the restaurant and hospitality industry. These people are your friends and neighbors. These are people who are hanging on by a thread. And while they’re doing a victory dance next door, our friends and neighbors are packing up and leaving New York state forever.”

The Republican Senators say the 11 p.m. shutdown of indoor dining is hurting small businesses across the state, particularly since contact tracing shows bars and restaurants accounted for 1.4% of COVID-19 cases while private gatherings accounted for 74% of cases.

On Monday, Republicans introduced a concurrent resolution, J541, to rescind the 11 p.m. curfew for bars and restaurants.

Earlier this month, the New York State Senate Republican Conference announced the introduction of another concurrent resolution (B477) that would rescind Governor Cuomo’s mandate that prohibits bars and restaurants from serving alcoholic beverages to patrons who do not order food. The Majority has so far not allowed the resolution to the floor for a vote, despite indicating support for doing so on the floor of the Senate on March 5th.

“We need to lift the curfew on bars and restaurants, just as the state has done for other businesses. Our bars and restaurants should not have to wait until late April to fully open. With Easter around the corner and the nice weather here, people are starting to go out more. They are beginning to travel, and they want to support our local bars and restaurants. No more delays. Let’s lift these onerous restrictions and let them do their work,” said Sen. Pam Helming, R-.Geneva.

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