Western New York’s leading legal mind — a civil rights lawyer who is widely considered to be among the top five or ten criminal defense attorneys in North America — and his exemplar legal sidekick are the architects of a stunning legal strategy that could win small and locally owned businesses across the State desperately needed relief from the Cuomo administration’s unprecedented COVID-related regulations.
Attorneys Paul Cambria and Todd Aldinger, of Lipsitz Green Scime Cambria LLP are leading the fight against Governor Andrew Cuomo‘s economically disastrous shutdowns of industries that he chooses to unilaterally target — a strategy which business owners often call illogical, arbitrary, unconstitutional, and lacking efficacy.
Earlier this week, the attorneys won a significant legal victory on behalf of Athletics Unleashed, the Orchard Park gym owned by the outspoken former Marine, Robby Dinero. The case has attracted national attention after a social media video emerged of a group of patrons running two Erie County Sheriff’s deputies and a Department of Health official out of his property. Dinero appeared on Fox News and other national media outlets.
In an oral ruling Wednesday, State Supreme Court Justice Paul B. Wojtaszek granted a preliminary injunction allowing the gym to reopen at full capacity, despite orders from Governor Cuomo limiting gyms in “orange zones” to 25% capacity. Wojtaszek’s ruling affects only Athletes Unleashed, which hired Cambria and Aldinger to fight the State’s unprecedented regulations. Gyms have been twice shut down by the State this year. On Dec. 14, Cuomo allowed gyms and fitness centers to reopen at 25% capacity in orange zones. Nearly all of Erie County has been designated an ‘Orange Zone’.
The lawsuit was denounced as an “argument based on crackpot logic,” by Richard Azzopardi, a spokesman for Governor Cuomo who has been criticized for his own “crackpot logic” in the past. The Orchard Park gym can now operate at 100% capacity — but only because they were party to the lawsuit architected by Cambria and Aldinger.
The ruling will remain in effect as legal arguments continue to be heard by Wojtaszek. The judge is expected to hear further arguments scheduled for February on the legality of any directive that lasts longer than 30 days without the formal approval of the state legislature.
Additional area gyms may soon join the Cambria-Aldinger lawsuit. A slew of other small business owners have been reaching out to the firm to seek injunctive relief against the Cuomo administration’s slew of arbitrarily-constructed regulations that place unconstitutional burdens on a slew of targeted industries. Business owners looking for similar relief from the Courts can reach Todd Aldinger at firstname.lastname@example.org or by telephone at (716) 849-1333, ext. 463.