{"id":"DUT-NY-019","kind":"duty","level":"court","jurisdiction":"New York (United States District Court for the Eastern District of New York)","state":"NY","metro":"","industry":"","agency":"","eco":"","issuer":"Hon. Brian M. Cogan, U.S.D.J.","authority":"28 U.S.C. § 1331; Fed. R. Civ. P. 65; U.S. Const. amend. XIV; N.Y. C.P.L.R. art. 78","instrument":"Columbus Ale House, Inc. v. Cuomo, No. 1:20-cv-04291-BMC, Doc. 20 (E.D.N.Y. Oct. 16, 2020) (memorandum decision and order denying preliminary injunction against the midnight closing rule for New York City food service establishments)","title":"Memorandum Decision and Order, Columbus Ale House, Inc. d/b/a The Graham v. Andrew M. Cuomo","dateIssued":"2020-10-16","effective":"2020-10-16 (ruling announced from the bench October 6, 2020)","end":"not applicable","startDate":"2020-10-16","endDate":"2020-12-31","quarters":["2020Q4"],"types":["CURF","ALC","CAP"],"addressees":["specified businesses (New York City food service establishments); by its reasoning, every business subject to the Governor\u0027s operating conditions"],"clause":"Under Jacobson, the state may curtail constitutional rights in response to a society-threatening epidemic so long as the measures have at least some \u0022real or substantial relation\u0022 to the public health crisis and are not \u0022beyond all question, a plain, palpable invasion of rights secured by the fundamental law.\u0022","enforcement":"Not applicable (judicial decision); the underlying directive was enforced through Public Health Law §§ 12 and 12-b and the State Liquor Authority (Exs. NY-016, NY-102, NY-103)","functions":[],"notes":"Sustained, against a substantive due process and Article 78 challenge, the Governor\u0027s rule \u0027prohibiting service after midnight in New York City food service establishments\u0027 as a binding operating condition on a reopened business, applying Jacobson v. Massachusetts, 197 U.S. 11 (1905), and holding that the federal judiciary \u0027should not second-guess these actions\u0027 of officials \u0027actively shaping their response to changing facts on the ground.\u0027 Character as recorded: adjudication (order_operating_condition layer).","sourceUrl":"https://www.govinfo.gov/content/pkg/USCOURTS-nyed-1_20-cv-04291/pdf/USCOURTS-nyed-1_20-cv-04291-0.pdf","snapshot":"","fileExists":true,"fileBytes":157339,"grade":"primary","character":"adjudication","description":"","collection":"DUT-NY","url":"/library/DUT-NY-019","exhibitUrl":"/exhibit/DUT-NY-019","citation":"Hon. Brian M. Cogan, U.S.D.J, Columbus Ale House, Inc. v. Cuomo, No. 1:20-cv-04291-BMC, Doc. 20 (E.D.N.Y. Oct. 16, 2020) (memorandum decision and order denying preliminary injunction against the midnight closing rule for New York City food service establishments) (Ex. DUT-NY-019)","stateName":"New York","related":["NY-050","NY-115","NY-016","NY-102","NY-103"]}