Posted on 12/24/2020 8:29:13 PM PST by SeekAndFind
Santa came a bit early for Western New York gym owner Robbie Dinero in the form of a preliminary injunction from a state judge that allows him to reopen his gym at full capacity.
The oral ruling Wednesday by State Supreme Court Judge Judge Paul B. Wojtaszek said the state’s order closing gyms was arbitrary and capricious, attorney Paul Cambria said, WGRZ-TV reported.
Dinero’s Athletes Unleashed gym, located in the Buffalo suburb of Orchard Park, will now be able to open at 100 percent capacity.
“It was unsupported by anything the state submitted,” Cambria said, according to WBEN-AM.
“Would it apply to other gyms? That’s something they will have to discuss with their legal advisers. It seems obvious to me this precedent is such that if others filed, they would get a similar result.”
Wojtaszek said his ruling was not intended to minimize the danger of COVID-19 but to support a “right to normalcy” even amid the disease’s grip on New York state.
Dinero has been battling against lockdown edicts imposed by the state and Erie County.
He became a symbol of rebellion last month while, during a live interview, he ripped up a notice fining him $15,000 for COVID-19 violations.
“Come and get it,” Dinero, who spent 14 years with the Marines, told WBEN.
The fine came after a protest at the gym, which has been closed along with all other gyms in the region after a rise in positive coronavirus cases brought about new restrictions imposed by Gov. Andrew Cuomo.
(Excerpt) Read more at westernjournal.com ...
Wait, if he’s called Robbie Dinero, shouldn’t be be working for the government?
Or be in a Scorsese movie.
Good news...
Can the ruling survive on appeal?
A great win, but let’s see what happens on appeal (assuming Il Duce doesn’t void the decision and have the judge summarily imprisoned).
The oral ruling Wednesday by State Supreme Court Judge Judge Paul B. Wojtaszek said the state’s order closing gyms was arbitrary and capricious..................Dinero’s Athletes Unleashed gym, located in the Buffalo suburb of Orchard Park, will now be able to open at 100 percent capacity.
Victory is sweet!
I bet over the next three weeks we are going to see all of these Covid restrictions get thrown out by the courts or simply ignored.
The best thing that ever happened in PA was that their stunted misfit governor was out parading around in a “Black Lives Matter” protest back in June. Photos and video clips of that idiocy have been used in every case against PA’s orders related to mandatory masks, social distancing, etc.
State Supreme CourtIn New York state, this is the trial court, not an appellate court. It is the first court that a case sees.
That depends totally on what judge is drawn. Outcome of a case depends on which rule of law the judge prefers to apply. There is a rule of law for any desired outcome.
It either went over their head or they don’t care.
But I see what you did.
God bless you for fighting, Mr. Dinero!
You’re a great American!
Merry Christmas to you and yours!
Govs are also likely worried about discovery.
Which is why small biz owners should band together and fight, dang it.
Politician’s behavior has consequences.
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