Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Federal court sides with Buffalo musician against Cuomo’s live music rules
Syracuse NY Post-Standard ^ | 11/17/20 | By Don Cazentre

Posted on 11/17/2020 7:58:05 AM PST by Behind Liberal Lines

A federal court in Buffalo has weighed on the side of music venues and musicians who oppose Gov. Andrew Cuomo’s coronavirus-related restrictions on live music....At issue are Cuomo’s orders, enforced by the State Liquor Authority, that prohibit venues with liquor licenses from selling tickets or using cover charges for live entertainment, and ban advertising for such shows. The rules permit only music that is “incidental” to a dining experience, not the main draw.

The most recent ruling came in a case filed by Buffalo guitarist Michael Hund. He argued the rules are unconstitutional and keep him from earning a living.

U.S. District Court Judge John L. Sinatra Jr. issued the injunction Friday against the state after finding that the rules are both “arbitrary” and violate Hund’s First Amendment rights.

Sinatra noted that state rules allow for such events as trivia nights at bars while disallowing live music...

Sinatra went on: “Even assuming that the incidental-music rule were not arbitrary as discussed above, and, indeed, mitigated those risks, it does so at the expense of burdening Hund’s First Amendment rights.”

(Excerpt) Read more at syracuse.com ...


TOPICS: Business/Economy; Constitution/Conservatism; News/Current Events; US: New York
KEYWORDS: covid19; cuomo; federalistsociety; ildouche; johnlsinatra; johnlsinatrajr; johnsinatra; johnsinatrajr; judiciary; politicaljudiciary; trumpjudge; wdnewyork

1 posted on 11/17/2020 7:58:05 AM PST by Behind Liberal Lines
[ Post Reply | Private Reply | View Replies]

To: Behind Liberal Lines

I’ve always hated micromanagers.


2 posted on 11/17/2020 7:59:24 AM PST by W. (I keep thinking great lines for this space, then forgetting them.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Behind Liberal Lines

It is very apropos that Judge Sinatra would rule in favor of life music.


3 posted on 11/17/2020 8:08:23 AM PST by married21 (As for me and my house, we will serve the Lord.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Behind Liberal Lines

In about 5 years, Cuomo will be able to send this judge to the Gulag.


4 posted on 11/17/2020 8:09:44 AM PST by Lazamataz ("We beat the Soviet Union, then we became them." - 2005, my quote. I never knew how prescient I was.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: W.

Micromanagers aka Control Freaks.

I honestly believe this is the real fight: Comtrol Freaks and their flocks of scardycat supporters (”Save us, benevolent government!”) versus Feedom Lovers.

Freedom Lovers, by our bery nature, are not organized. But Comtrol Freaks have their scardycats always ready to march.


5 posted on 11/17/2020 8:10:09 AM PST by Basket_of_Deplorables (This is all a Soros funded communist insurrection! )
[ Post Reply | Private Reply | To 2 | View Replies]

To: Basket_of_Deplorables

A couple of the biggest control freaks I ever ran into were big time liberal dims.


6 posted on 11/17/2020 8:17:55 AM PST by wally_bert (I cannot be sure for certain, but in my personal opinion I am certain that I am not sure.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Behind Liberal Lines

Democrat governors are emboldened by the success of election fraud. They have the backing of at least a third of the people and a second third will go along because they don’t know better. But the remaining third will go along because the cost of not going along is too great to handle alone. We will be divided into groups of smaller than 6 people so we won’t be able to complain to each other in person and our social media complaints will be annotated footnoted edited fact-checked and advisoried, if not outright deleted. They control the truth and with it they can shape reality.


7 posted on 11/17/2020 8:25:29 AM PST by webheart (Coronavirus, I give up. Come get me.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Behind Liberal Lines

Sounds a lot like gov sissypants of NV and his “music rules”. We started playing some jam sessions and gigs in mid August. No cover charges, no tickets. Tips and part of the bar take for the evening. Some gas money? Oh, and enjoying ourselves and hopefully those in attendance enjoyed as well. Sadly, it appears the powers are close to another shutdown if we don’t behave.


8 posted on 11/17/2020 8:26:48 AM PST by rktman ( #My2ndAmend! ----- Enlisted in the Navy in '67 to protect folks rights to strip my rights. WTH?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: married21

So the lock downs hit and all the concerts got cancelled. BUT some band was the band that did the last show. Could be last show ever. Who was it? KISS, ZZ Top?

Some day we will drive by the local NFL stadium and say to the kid in the car. “Johnny back in my day thousands of people used to go and watch the players play ball.’ As we drive by the stadium like it is the Roman Coliseum.

Normal will be something we will only read about in history books


9 posted on 11/17/2020 8:28:30 AM PST by Jimmy The Snake
[ Post Reply | Private Reply | To 3 | View Replies]

To: wally_bert

Like mask nazzis.


10 posted on 11/17/2020 8:33:36 AM PST by Basket_of_Deplorables (This is all a Soros funded communist insurrection! )
[ Post Reply | Private Reply | To 6 | View Replies]

To: Hieronymus; VampireStateNY; governsleastgovernsbest; gaspar; NativeNewYorker; Atticus; ...

Upstate bump


11 posted on 11/18/2020 5:40:49 AM PST by Behind Liberal Lines (Their side circles the wagons. Our side revs up the bus)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Behind Liberal Lines

I’m sure Buffalonians are rejoicing.

There is no love lost between Upstate and Albany and downstate.

Their politics have ruined Upstate for decades and people are sick of it.


12 posted on 11/18/2020 5:44:31 AM PST by metmom (...fixing our eyes on Jesus, the Author and Perfecter of our faith...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Behind Liberal Lines; All

Good for this guy. However:

Everything ABOUT this PLANDEMIC has been arbitrary! I’ll bet we can list DOZENS of examples right here!

Some Americans are REALLY taking it in the shorts, economically, over this whole stupid scheme - while others are raking in the cash and still others (LEGISLATORS!) are doing whatever the f they WANT - with no consequences, whatsoever!

Each day I think, ‘Oh, it’ll settle down now. Things will get back to normal...’ but every day I get increasingly ANGRY.

I hate Mother Government with the white-hot intensity of a THOUSAND suns!


13 posted on 11/18/2020 6:21:47 AM PST by Diana in Wisconsin (I don't have 'Hobbies.' I'm developing a robust post-Apocalyptic skill set. )
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson