‘It’s Crushing Business’: NY Business Owners Rip COVID-19 Closures

Nov. 23--Gym owner Ashley Draper is angry the state has shut down fitness centers and other businesses across much of Erie County on Friday to fight the spread of Covid-19.

She feels singled out, and she doesn't think it's fair.

"I think it's complete and utter nonsense," said Draper, co-owner of Jada Blitz Fitness in Clarence.

When Covid infection rates turned most of Erie County from yellow to orange, businesses that the state deemed "high-risk" and "nonessential" were forced to close, including nail salons, fitness centers and barber shops. Restaurants in "orange zones" are allowed to remain open, but are prohibited from letting customers eat inside, and must rely instead on curbside pickup and delivery.

The new restrictions were put in place as state and county officials try to curb the spread of Covid-19. The five counties that make up the state's Western New York region had 273 people in the hospital with Covid-19 on Saturday, more than at any point since the pandemic began. The region is also leading the state with the highest percentage of positive Covid-19 tests.

"It could even be higher if we're irresponsible," Gov. Andrew Cuomo said Sunday of the state's Covid-19 positivity rate. "It's purely a function of what we do."

The shuttered businesses have already struggled through months of closure and restrictions due to the state's previous shutdown and phased reopenings, putting many on the verge of bankruptcy.

Now, with no inkling how long the closure might last, many say they won't make it through a second round of suffering.

Worse, owners say, is that they are being unfairly targeted as unsafe. They say they've gone above and beyond the state's rules to prevent the spread of Covid-19.

Jason Lape, a barber at the Razor's Edge in Hamburg, said he understands the state has to make difficult decisions, but doesn't believe it's fair to shut down entire industries without making distinctions for establishments that can prove they're safe.

At Jada Blitz Fitness, gym members fill out health surveys and have their temperatures taken each time they come in. Both are kept on file for the health department, which makes regular visits.

At 33% capacity, the 33,000-square-foot gym hosts just 146 people. The gym enforces social distancing and mask wearing, and has invested in special machines for cleaning and air quality. It has not been tied to a single case of Covid.

"You don't see that at Target, Wegmans, Walmart where they're lined up like cattle," Draper said, whose gym has more than 60 employees.

As far as being nonessential, Draper stressed exercise's role in combating Covid; such as boosting immunity and fighting the disease's comorbidities such as obesity.

"Major insurance companies recognize us as part of the medical community. Why doesn't the state?" she said. "Fitness is more than trying to look good."

Jada Blitz was one of more than 1,500 fitness centers that sued Gov. Andrew M. Cuomo over the summer to get gyms reopened.

Cuomo allowed gyms to reopen soon after being asked to bring data to court. Draper said she is talking to state and national fitness alliances about more litigation.

During the press briefing Wednesday when he announced that much of Erie County would be downgraded into "orange zone" territory, Cuomo called Western New York's Covid infections the "worst situation in the state of New York."

"I believe they didn't have the same level of fear," Cuomo said, referring to regions where Covid rates are rising. "And what caused so many in New York to change their behavior? It was the fear."

Michael Tobin owns Fresh Catch Poke, which has restaurants on Franklin Street and in Williamsville. Tobin understands the governor's desire to give defiant New Yorkers a wakeup call, but said "leading by fear" is the wrong approach.

"It's crushing business," he said.

Judging by the last time he was forced to close dine-in traffic, Tobin anticipates sales will drop by as much as 50% and said he will have to lay off at least 20% of his 25-person workforce.

He knows he's fortunate to have a strong takeout and delivery clientele, but knows many other restaurants are not as well positioned to weather this next storm.

Cuomo has said that "orange zone" businesses could return to the "yellow zone" after as soon as 14 days, but Tobin isn't holding his breath. He expects to be under the state's restrictions until the end of the year and plans to make business decisions according to that timeline.

It's just too difficult for everyone involved to try to operate on a two-week cycle with no promise of an end, he said.

"I can't go by 14 days and say prayers at night," he said. "My employees have bills to pay. We're talking about people's lives."

Buffalo, Lackawanna, City of Tonawanda, Town of Tonawanda, Grand Island, Amherst, Clarence, Cheektowaga, Lancaster, West Seneca, Elma, Hamburg, Orchard Park, Aurora, Evans and Eden have been deemed "orange zones."

The rest of Erie County is now in the "yellow zone." North Tonawanda and Wheatfield south of Niagara Falls Boulevard in Niagara County are also now in yellow.

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