Today, Assemblymember Monica P. Wallace (D-Lancaster) called on Governor Cuomo to remove the orange zone restrictions in Erie County in light of data showing COVID-19 positive test rates are much higher in surrounding counties and throughout most of Upstate New York. If the Governor determines local conditions are too unsafe to loosen the restrictions, Assemblymember Wallace demands his administration provide information and data supporting their decision to maintain the orange zone in Erie County.

New York State placed much of Erie County, including the City of Buffalo and its surrounding suburbs, into an orange zone on November 18 in response to COVID-19 positive test rates that were then amongst the highest in the state. Since then, Erie County’s positive test rates have remained relatively stable, moving from 5.5 percent over a rolling 7-day average on November 18 to a 6.6 percent average most recently, according to New York State data. Meanwhile, positive test rates have soared throughout the rest of Upstate New York. Neighboring Niagara and Wyoming counties recently reported positive test rates of 9.3% and 12.5%, respectively, and yet neither are subject to orange zone restrictions; Wyoming County has not even been placed in a less-restrictive yellow zone.

“Restaurateurs in Erie County’s orange zone are watching their businesses slowly go under as their customers enjoy indoor dining at establishments only a few miles down the road,” said Assemblymember Wallace. “These inconsistencies in public health restrictions are incredibly frustrating and harmful to these small businesses, many of which will not survive much longer under these conditions. It’s time for Governor Cuomo to loosen the nearly two-month ban on indoor dining in our community.”

In December, Governor Cuomo amended the state’s micro-cluster strategy to focus on hospitalizations. Erie County has consistently met these new metrics, recently reporting that 31% of its hospital beds remained available, according to state data. By contrast, the Mohawk Valley reported that 25% of its hospital beds remained available, and yet no part of that region is under an orange zone.

Contact tracing has shown that indoor dining is not a major source of COVID-19 transmission. According to New York State data, about 1.4% of new COVID-19 cases have spread through exposure at restaurants or bars. Indoor gatherings, which many residents host or attend as an alternative to indoor dining, are believed to be responsible for nearly 74% of all new cases.

Assemblymember Wallace is calling on New York State to immediately loosen the orange zone restrictions over Erie County, including the ban on indoor dining, and instead enact the more open yellow zone restrictions. If public health experts determine conditions in Erie County are too unsafe to lift the current restrictions, Assemblymember Wallace calls on the Governor to explain the rationale for the inconsistent enforcement of the micro-cluster strategy and provide data supporting their decisions.

“Restaurateurs have been forced to keep their dining rooms closed for almost two months, after bending over backwards for months to abide by new public health laws,” said Assemblymember Wallace. “These small business-owners deserve an opportunity to reopen with the same public health measures that were effective during the summer and early fall. At the very least, they deserve an explanation from their elected leaders as to why these harmful restrictions must continue.”