On August 28, 2020, the Constitutional Law team at Rupp Baase, consisting of Tony Rupp, Phillip Oswald, and Chad Davenport, filed a class action lawsuit on behalf of all New York State restaurants and venues that seek to hold weddings up to the 50% venue capacity limit in place for ordinary dining.  The class action follows the same arguments and logic in the DiMartile v. Cuomo, 1:20-cv-00859-GTS-CFH (N.D.N.Y.) case — it is fundamentally unfair for restaurants and venues to be limited to hosting 50 people for a wedding when the same restaurants and venues following the same rules and regulations in place for non-wedding dinners would be allowed to host up to 50% of the venue’s capacity limit (i.e. no dancing, wedding guests must maintain appropriate social distancing, and masks must be worn at all times when guests leave their assigned tables).  The class Rupp Baase proposes to represent in this lawsuit includes the following:

All restaurant, banquet, catering, and dining facilities in New York State with a maximum occupancy greater than 100 that follow the “Interim Guidance for Food Services During the COVID-19 Public Health Emergency,” yet are prohibited from hosting wedding dinners for more than 50 individuals under Executive Order 202.45.

Restaurants and venue owners who believe they fall within this class definition are encouraged to reach out to Rupp Baase attorneys to discuss how the 50-person limit for weddings has impacted the viability of their business.  Just like the DiMartile action, we are not asking the state to rewrite its rules, just apply its rules and guidance fairly.

Read more about the class action lawsuit here.