With the threat of holiday-related COVID-19 spread passed, restaurants across New York are reopening for indoor dining — except for restaurants in the state's biggest city. New York City restaurateurs are fighting back for their very survival. Seaport House owner and executive chef Kian Khatibi is pushing on with a lawsuit, filed in December, demanding immediate reopening of indoor dining.

Khatibi opened Seaport House, a seafood joint in the historic South Street Seaport district, on October 31 in the thick of the COVID-19 pandemic. Building out and opening a restaurant amid the pandemic was no cakewalk, but neither is operating.

"Right now, you know, we're running on an empty tank. Every day pays our bills. And that's about it," he said. 

The new restaurant got to enjoy less than two months of indoor dining, albeit at significantly reduced capacity, before New York Gov. Andrew Cuomo cracked down again. As of mid-December, indoor dining closed down again, indefinitely, as COVID-19 cases spiked across the state and nation. 

But the data behind the governor's decision didn't sit well with Khatibi, who is also a licensed attorney. According to data collected by the state, bars and restaurants are responsible for roughly 1.4 percent of new coronavirus infections. By contrast, the top contributor to spread, private gatherings, accounts for a whopping 74 percent of infections.

He decided to sue, arguing that indoor dining saves lives by giving people something to do other than gather in private homes.

"People are congregating," said Migir Ilganayev, Khatibi's co-council on the case. "By shutting down indoor dining, places that are safe, that are ventilated, that provide UVC lights in the ceilings, open windows — when you take that away from the people, especially during the holiday season, they'll find a place to go."

Although many cases questioning the constitutionality of lockdown orders have been slapped down by judges, Ilganayev said he thinks they have a chance because "numbers don't lie."

The case is heading to court for a preliminary injunction hearing on Jan. 21. 

The coronavirus pandemic has been devastating to the restaurant industry, which even in the best of times is a business with very slim margins. More than 1,000 restaurants have shut down permanently in New York City, alone, according to Eater

A relative newcomer to New York City's restaurant scene, Seaport House is getting by, thanks largely to an expensive outdoor seating installation. But even the optimistic Khatibi knows times ahead will be tough if indoor dining remains shut down amid winter.

"You know, we just have to make it to March," he said.

Share:
More In Business
Biden Announces New Methane Regulations With Goal of Slashing Emissions 30% by 2030
President Joe Biden introduced the Global Methane Pledge on the second day of the United Nations climate summit. The U.S. and the European Union will lead the way when it comes to methane emissions reductions, and close to 100 nations have also signed on. It's seen as the fastest way to slow down global warming and keep nations on track toward meeting the goal of keeping warming just 1.5 degrees Celsius above late 1800s atmospheric levels. Dr. Sweta Chakraborty, U.S. President of climate-focused startup 'We Don't Have Time' joins Cheddar Climate to discuss the importance of the Biden administration's methane regulations -- and the importance of U.S. leadership when it comes to climate issues.
Kepler Interactive Raises $120 Million From China's NetEase
Gaming publisher Kepler Interactive secured $120 million in funding from the Chinese gaming firm NetEase. This investment comes as the global gaming market explodes with projections to cross the $200 billion mark as early as 2023. Lindsey Rostal, Co-Founder and Game Director of Timberline Studio, one of the founding studios at Kepler joined Cheddar News' Closing Bell for more.
'Oneof' Teams Up with The Recording Academy to Offer NFTs
Everyone is stepping into the NFT space, including the Grammys. 'Oneof' is entering a three-year partnership with The Recording Academy to release exclusive NFTs commemorating the 64th, 65th, and 66th Annual Grammy Awards. A portion of the proceeds will also go to The Recording Academy's scholarship fund. Adam Fell, co-founder and board member of Oneof and the president of Quincy Jones Productions, joins Cheddar News to discuss the announcement.
'THEMAGIC5' Lands Million Dollar Deal on ABC's 'Shark Tank'
'THEMAGIC5' produces swimming goggles that contour the face using advanced robot technologies and 3D printing. Both of the company's founders Bo Haaber and Rasmus Barfred went on ABC's 'Shark Tank' and caught a $1 million deal. The duo join Cheddar News to talk about what the new funding means for the company.
Markets Point To Higher Open on Strong Tech Earnings
Markets opened higher after the Dow and S&P 500 closed at record highs on Tuesday. It comes amid a slew of strong corporate earnings reports. Frances Newton Stacy, Director of Strategy, Optimal Capital, joined Cheddar's Opening Bell.
ESG Investing in Focus at COP26
With COP26 kicking off, roughly 120 world leaders and delegates are in Glasgow, Scotland to hold climate talks this week. As experts continue to warn about the dangers of climate change, ESG investing is more important than ever. Georges Archibald, Head of Apex Americas at Apex Group joined Cheddar's Opening Bell to discuss.
JetBlue Travel Products Launches New Flight And Cruise Packages
JetBlue Travel Products is launching flight and cruise packages, making JetBlue the first domestic U.S. airline to offer customers the ability to book their flight, cruise and hotel all in one place. The new cruise packages with Royal Caribbean International, Celebrity Cruises and Carnival Cruise Line offer customers a chance to save time and money by bundling their travel purchases, with all parts of their journey backed by JetBlue’s signature service. Andres Barry, president of JTP, joined Cheddar to discuss these new offerings and how it will help establish the airline as a broader travel company.
Amazon To Launch First Internet Satellites By 2022
Amazon plans to launch its first prototype satellites for Project Kuiper, an internet-from-space venture, in 2022. It's the first major step in the e-commerce giant's plan to rival SpaceX by building a network of satellites in space, providing internet to rural, underserved communities around the world. Loren Grush, senior science reporter for the Verge, discusses the project and how it could transform internet access moving forward.
Load More