Fireworks Company Owners File Lawsuit Against Cuomo, NY Officials Over Enforcement of COVID-19 Gathering Limits
The owners argue their activities have been "outlawed" by state officials, including Gov. Andrew Cuomo, New York Attorney General Letitia James and Health Commission Dr. Howard Zucker, despite a ruling from a federal judge against enforcement of any outdoor gathering limitations, if people are following social-distancing requirements.
July 30, 2020 at 06:21 PM
3 minute read
July 4th fireworks in New York City. Photo: Songquan Deng/Shutterstock
New York state officials are facing a federal lawsuit from the owners of fireworks companies who argue that coronavirus emergency orders violate their due process rights secured under the Fourteenth Amendment.
The lawsuit was filed in the U.S. District Court for the Northern District of New York on Wednesday. The owners argue their activities have been "outlawed" by state officials despite a ruling from a federal judge.
Last month, U.S. District Judge Gary Sharpe of the Northern District of New York ordered state officials to not enforce any outdoor gathering limitations if people are following social-distancing requirements.
"Defendants have disregarded this Court's ruling and injunction by seizing liquor licenses of venues planning fireworks displays, threatening local authorities and even explicitly outlawing advertising and promotion of fireworks displays," the lawsuit states.
Gov. Andrew Cuomo, state Attorney General Letitia James and state health commissioner Dr. Howard Zucker were listed as defendants, along with the Empire State Development Corporation.
The litigation joins a stream of other lawsuits that have challenged restrictions from the third-term governor, who instituted the rules to block the spread of the coronavirus. That includes a state-level class action lawsuit from an upstate New York fitness center, reflecting the poor economic reality for certain businesses impacted by the coronavirus crisis.
Among the plaintiffs in the case filed Wednesday is August N. Santore, Jr., who the lawsuit says owns Santore's World Famous Fireworks.
According to the lawsuit, Santore had been set to have a "fireworks display" for an event on the Fourth of July at Liberty Ridge Farm in upstate New York.
The lawsuit said Santore's client had their liquor license seized July 3, with a state authority saying the client "was in violation of the Fireworks Guidance's prohibition on promoting or advertising fireworks displays."
Yet the lawsuit states the fireworks guidance had been issued "late in the day" July 2. But the guidance was enforced retroactively, "because the promotion in question took place before it was enacted," according to the litigation.
"Santore was forced to return its clients' deposit because the client's property liquor license was seized," the litigation states.
Another plaintiff, Matt Shaw, who owns Skylighters of New York, asserted that "confused messaging" from local and state agencies has hindered the fireworks industry since the state started the reopening process, according to the lawsuit.
One situation, according to the lawsuit, involved a local code enforcer who refused to give a permit for a fireworks display, unless they were assured that 50 or fewer individuals would be attending.
"The venue was a wedding, which took place—with over 50 people—but without fireworks," according to the lawsuit.
READ MORE:
Cuomo Faces Federal Lawsuit Over COVID-19 Restrictions on Houses of Worship
New York's Visitor Quarantine Order Draws Legal Challenge From Arizona Woman
The COVID-19 Toll: Time Periods and the Courts During Pandemic
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