The Erie County Department of Health (ECDOH) is providing the following statement related to enforcement of NYS Microcluster Guidance.

After consultation with our legal counsel, and based solely on the preliminary injunction issued by NYS Supreme Court Justice Henry J. Nowak on January 13, 2021, ECDOH public health sanitarians will apply “yellow zone” criteria to all permitted food service facilities that are currently located in “orange zones.” Practically, this means all restaurants in Erie County will be able to offer indoor dining at 50% capacity, as long as yellow zone measures including a maximum of four people per table and six feet of distance between tables are maintained.

This action is only effective as long as Judge Nowak’s preliminary injunction is in place. If an appellate court of law should rule differently, ECDOH will follow such new judicial order.

Also, restaurants and bars must end on-premise food and beverage consumption at 10 p.m. pursuant to current New York State regulations.

All permitted food facilities should be aware this action only applies to ECDOH’s enforcement of cluster zone regulations. It does not apply to enforcement that may be taken against any entity permitted by the New York State Liquor Authority.

ECDOH public health sanitarians are continuing educational outreach to permitted facilities along with complaint investigations and inspections as appropriate.