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Coronavirus May Close Cafe Sued In SDNY Under ADA But First Amendment Cited For Press

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - The Source

SDNY COURTHOUSE, May 11 – Dino Antolini sued Cafe Katja on Orchard Street on the Lower East Side under the American with Disabilities Act. That was before the COVID-19 pandemic and New York State's "Stay at Home" Order.  

On May 11, U.S. District Court for the Southern District of New York Magistrate Judge Freeman held a telephone conference in the case. She asked, Who's on? "Inner City Press, not a participant."

     One of the lawyers says, I guess he has a First Amendment right.  Correct.    A defense lawyer said the restaurant is probably never going to re-open, after the lockdown and loss of revenue.

   Magistrate Judge Freeman had said on May 4 that she wanted a joint letter. But it didn't happen.

    The May 6 letter filed by plaintiff's lawyer Stuart H. Finkelstein includes defendants' counsel portion separately, which states that "the restaurant is closed to the public." And so it goes in Coronavirus times.

 The two sides have been given a week, or Judge Freeman will simply rule. The case is Antolini v. 75-81 Orchard Street, et al., 19-cv-5894 (Schofield / Freeman). 


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