| As Cloister Cafe Sues NYS
Liquor Authority For COVID Loss of License Due
Process Is Urged
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
Aug 28 – 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
#COVID19 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:
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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