NEW YORK (Legal Newsline) – A New York bar owner is challenging the suspension of her liquor license during her struggle to reopen during the coronavirus pandemic.
Lucky’s and owner Abigail Ehmann filed the lawsuit Aug. 28 in New York federal court against Gov. Andrew Cuomo and the State Liquor Authority. Though she says she offers a small menu of food, her license was suspended on Aug. 4 because she reopened without offering food – as required by one of Cuomo’s orders.
“Indeed, there are many bars in New York State that currently offer food to patrons but that serve alcohol to patrons who do not order food, but that enforce all mandated social distancing measures, and which have not suffered the suspension of their liquor licenses under Executive Order 202.52,” the suit says.
“Plaintiff’s business is similar in all material respects to other bars that enforce all mandated social distancing measures and that offer food to patrons but that serve alcohol to those patrons who do not order food.”
She alleges Liquor Authority agents lied after an investigation, claiming she said she does not prepare food. She says she told them Lucky’s has hot pocket sandwiches and soup but no one had ordered them on the day of her inspection.