| As Cloister Cafe Sued NYS
Liquor Authority For COVID Closure NYAG James
Chimes In
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
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Source
SDNY COURTHOUSE,
Aug 29 – The New York
State Liquor Authority has
been sued by Cloister Cafe on
9th Street in the East
Village, for violating its due
process rights with regard to
COVID-19 outdoor dining
restrictions.
In the Complaint,
Cloister Cafe notes an Aug 4
Gothamist article alleging
they were hosting "illegal,
illicit pandemic parties"
based on an Instagram post by
Kristina Alaniesse a/k/a
KristinaForMayor.
On August 28
U.S. District Court for the
Southern District of New York
Judge Lewis A. Kaplan held a
proceeding. Inner City Press
covered and live tweeted this
thread, below.
Now
Laetitia James has filed this:
"Re: The Cloister East, Inc.
et al. v. New York State
Liquor Authority et al., No.
20-cv-06545-LAK Dear Judge
Kaplan, This Office represents
Defendants the New York State
Liquor Authority (the “SLA”),
Vincent Bradley, Lily Fan,
Greely Ford, Gary Meyerhoff,
Margarita Marsico, Thomas
Donohue, and Charles Stravalle
in the above-referenced
action. Pursuant to the
Court’s directive at today’s
oral argument on Plaintiffs’
motion for a preliminary
injunction, I write to inform
the Court that, upon further
consideration, the SLA agrees
that its Orders of Summary
Suspension of License, issued
pursuant to N.Y. Admin. Proc.
Act § 401(3), can be subject
to judicial review in New York
State Supreme Court pursuant
to Article 78 of the N.Y.
Civil Proc. Law and Rules. If
Plaintiffs commence an Article
78 proceeding in New York
State Supreme Court seeking
judicial review of the Order
of Summary Suspension of
License dated August 7, 2020
(the “August 7th Summary
Suspension Order”), SLA
further agrees that it will
not raise as a defense or
objection in point of law that
such court lacks jurisdiction
to review the August 7th
Suspension Order on the
grounds that it is a non-final
order or otherwise. Given the
availability of this state
court review, the SLA contends
that Plaintiffs cannot
establish a likelihood of
success on the merits on their
due process claim, see, e.g.,
Hellenic Am. Neighborhood
Action Comm. v. City of N.Y.,
101 F.3d 877, 881 (2d Cir.
1996), and/or that Younger
abstention should apply, and
for this reason and those set
forth in their submissions in
opposition to the motion,
Plaintiffs’ motion for a
preliminary injunction should
be denied. The parties have
conferred, and Plaintiffs
intend to submit a separate
letter stating their
position." Watch this site.
Judge Kaplan: The
SLA has the whip hand. The
applicants' choices are, make
a deal with the SLA or go out
of business. People should be
presumed innocent, including
those cited by the SLA for
alleged violations...
Judge Kaplan:
That people negotiate with the
SLA doesn't prove the
Constitution has been
satisfied.
NYS lawyer Ben
Liebowitz: If they had asked
for a post deprivation
hearing, they could already be
having one.... Under Section
54 of Title 9 of NYC
CRR...
Judge Kaplan:
Let's get to the real world.
These are four brothers who've
operated a business for a long
time. After a time they
operated under the name of a
defunct corporation. I have a
pretty good idea who the
shareholders are: the Drobenko
brothers.
[Inner City Press
note: it's now Cafe Tucano.]
Now Cloister
Cafe's lawyer: When it comes
to the Gansevoort Hotel, a few
photos are enough. But in this
case, they're not. It doesn't
make any sense.
Judge Kaplan:
That all of you. I will expect
a letter today. Ideally, it
would be one agreed to by both
sides. If possible, the
plaintiff should say it is
satisfied it has a remedy. For
now I will reserve decision.
When I hear from you, I will
rule if necessary.
The case is The
Cloister East, Inc. v. New
York State Liquor Authority,
20-cv-6545 (Kaplan).
***
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