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1.14.21 COVID-19 Bulletin: Indoor Dining Can Resume

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January 14, 2021

Indoor Dining Can Resume in Orange Zones  

The Cuomo administration announced today that all restaurants operating in Orange Zones can resume indoor dining. 

The announcement comes after a group of Buffalo area restaurants sued the state on the issue and a judge ruled in their favor citing no “rational basis” for restricting indoor dining when other parts of New York State with higher hospitalization rates are not operating under such restrictions. 

The ruling and the subsequent announcement by the Governor’s office allows restaurants in Orange Zones to operate as those in the less-restrictive Yellow Zones which permit indoor dining, but at 50 percent capacity.   

The Governor’s office said it did not agree with the judge’s ruling but was adjusting its policy to ensure uniformity and fairness.   

Restaurants in New York City are not included in the revised policy since their restrictions are based on population density, not hospitalization rates.  

 

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