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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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