BUFFALO, N.Y. (Legal Newsline) – A western New York law firm has sued Gov. Andrew Cuomo and Attorney General Letitia James, claiming they are taking advantage of the coronavirus pandemic to expand their authority.
HoganWillig filed its lawsuit in New York federal court on May 13. The firm was determined to be essential and changed its business practices in accordance with shutdown orders from Cuomo, reducing its workforce and requiring employees who can work from home to do so.
“The available data from studies performed throughout the United States does not support the legitimacy of the Defendants’ continuing actions in issuing arbitrary, unduly excessive Executive Orders having the full force and effect of law upon individuals and businesses located within the State of New York, largely in violation of the individuals’ and businesses’ state and federal Constitutional rights,” the lawsuit says.
“The Executive Orders, as interpreted by Defendant James, have unreasonably restricted and sought to restrict Plaintiff’s activities.”
The lawsuit lists sectors of the economy that the firm says have been damaged by Cuomo’s overcautious orders.
Those sectors include education, restaurants, retail clothing, transportation, warehousing, finance, insurance, manufacturing, construction and real estate.
The AG’s office has been bothering the firm since it obtained its essential status, the firm says.
By prohibiting what the Executive Orders, as interpreted by the Empire State Development Corporation, are intended to allow, that is, for essential businesses to operate to keep certain functionality viable that is deemed necessary for society’s best interests, Defendant James, through AAG Foshee, is putting Plaintiff and other businesses similarly deemed essential, in the impossible position of determining what the Executive Orders do and don’t permit, under threat of civil and/or criminal prosecution,” the lawsuit says.
U.S. District Court for the Western District of New York case number 1:20-cv-00577