Legislators Lorigo, Rath, Todaro, and Mills seek to expand small business protection amidst Covid-19 closures

Modified: August 4, 2020 12:42pm

08/04/2020

Erie County Legislators Joe Lorigo, Ed Rath, Frank Todaro, and John Mills held a press conference Tuesday morning to announce the Business Closure Reporting Act, a law that would require county departments, employees, or elected officials ordering the closure of a business to submit a report of justification to the Legislature and business within 48 hours of making that decision.

Throughout the Covid-19 outbreak, businesses, including Erie County bars and restaurants, have been required to follow strict guidelines set in place by New York State. These rules and regulations have subjected businesses to higher scrutiny and regular check-ins from Erie County Health Department sanitarians, which have led to the recent closure of several establishments throughout the county. The Business Closure Reporting Act proposed by Legislators Lorigo, Rath, Todaro, and Mills advocates for greater transparency and would require the following:

  • A detailed written report that provides justification for the decision to order the closure, signed by the Erie County government official ordering the closure; 

  • A copy of the official order or communication closing the place of business; and 

  • Any and all evidence in the possession of Erie County government on which the closure was based.

Legislator Lorigo said, “Business owners deserve a government that is willing to help them succeed. Right now, every industry is dealing with new rules and regulations at a dizzying pace, and some have been closed with no guidance.  Our law creates greater accountability and transparency by requiring a report of justification within 48 hours of any closure order. The report will ensure closing a business is used only as a last resort, and only when proper justification exists.”

Legislator Rath said, “If a business is ordered to close their doors, it hurts the owner and their employees. We don’t want to see more people out of work during these difficult times. The impact of a sudden business closure can be devastating, and we need to know that the decision to implement a closure was absolutely necessary and there is an appropriate legal justification for it. We believe this law achieves that and supports the best interests of all small businesses in Erie County.”

Legislator Todaro said, “This is a scary time for small business owners.  Rules and regulations seem to change every day.  They have more questions than answers, and it seems like they don’t have a voice in the process.  This law gives them a voice, delivering transparency and accountability in uncertain times.  Ultimately, it creates an added layer of protection between small business owners and government bureaucrats that is badly needed right now.”

Legislator Mills said, “As a longtime owner of a food distribution business in Orchard Park, I have experienced firsthand the challenges created by New York State. Business owners and their employees need leadership that is willing to bring them to the table, especially during the challenging times we currently face. The Business Closure Reporting Act accounts for the importance of public safety while seeking to protect these establishments from a potential wrongful closure.”

Legislators Lorigo, Todaro, Rath, and Mills hope to schedule a public hearing in the near future before the law is considered for full approval of the Legislature.

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