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Ex. DUT-NY-019 Standing duty Primary source read

Columbus Ale House, Inc. v. Cuomo, No. 1:20-cv-04291-BMC, Doc. 20 (E.D.N.Y. Oct. 16, 2020) (memorandum decision and order denying preliminary injunction against the midnight closing rule for New York City food service establishments)

Memorandum Decision and Order, Columbus Ale House, Inc. d/b/a The Graham v. Andrew M. Cuomo

Hon. Brian M. Cogan, U.S.D.J. · New York (United States District Court for the Eastern District of New York) (Court)

The COVID Project

The record

Jurisdiction
New York (United States District Court for the Eastern District of New York) · New York
Level
Court
Authority
28 U.S.C. § 1331; Fed. R. Civ. P. 65; U.S. Const. amend. XIV; N.Y. C.P.L.R. art. 78
Issued
2020-10-16 Oct. 16, 2020
Effective
2020-10-16 (ruling announced from the bench October 6, 2020) (read as 2020-10-16)
End
not applicable (read as 2020-12-31)
In force
Oct. 16, 2020 to Dec. 31, 2020
Quarters
2020 Q4
Limitation types
Capacity limitCurfew and hoursAlcohol and bars
Addressees
  • specified businesses (New York City food service establishments); by its reasoning, every business subject to the Governor's operating conditions
Character
adjudication
Collection
Standing duties: New York DUT-NY

Operative words

Under Jacobson, the state may curtail constitutional rights in response to a society-threatening epidemic so long as the measures have at least some "real or substantial relation" to the public health crisis and are not "beyond all question, a plain, palpable invasion of rights secured by the fundamental law."

Penalty

Not applicable (judicial decision); the underlying directive was enforced through Public Health Law §§ 12 and 12-b and the State Liquor Authority (Exs. NY-016, NY-102, NY-103)

What it required

Sustained, against a substantive due process and Article 78 challenge, the Governor's rule 'prohibiting service after midnight in New York City food service establishments' as a binding operating condition on a reopened business, applying Jacobson v. Massachusetts, 197 U.S. 11 (1905), and holding that the federal judiciary 'should not second-guess these actions' of officials 'actively shaping their response to changing facts on the ground.' Character as recorded: adjudication (order_operating_condition layer).

Retrieval note

Official court opinion from the GPO's United States Courts Opinions collection (12 pages). The opinion states: 'At the conclusion of a hearing on October 6, 2020, I denied plaintiff's motion for a preliminary injunction on the record.' The Federal Supplement citation was not verified in this session and is not used. The midnight rule attached to New York City indoor dining at 25 percent from September 30, 2020 (Exs. NY-050, NY-115).