#Brooklyn tavern sues Gov. Cuomo over midnight ‘food curfew’

Gov. Andrew Cuomo
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Gov. Andrew Cuomo is being sued by a Brooklyn watering hole for forcing New York City restaurants to close at midnight once limited indoor dining takes effect at the end of the month.

“Coronavirus does not behave as a vampire, infecting others only when the moon is out,’’ seethes the lawsuit filed by The Graham tavern in Williamsburg on Monday.

“The requirement of an earlier closing time actually helps coronavirus to spread,’’ the Brooklyn federal suit contends. “This is because a ‘food curfew’ is likely to cause many who would have gone to get food after midnight to do so before midnight, thus making the hours before midnight more crowded.”

The popular Meserole Street nightspot said Cuomo has already been killing city establishments with his “constantly changing and unworkable rules’’ — which lead to “hyper-technical violations’’ and thousands of dollars in fines.

Now, on top of the myriad of other ongoing health-related restrictions, eateries must soon deal with a “midnight closing time … chosen arbitrarily by Cuomo,” the court papers say.

The governor announced Sept. 9 that city restaurants could finally start indoor dining Sept. 30 after six months of restrictions — but only at 25 percent capacity and with the curfew, among other rules.

“No study of which Plaintiff can find has suggested that indoor coronavirus transmission is greater during the evening than during the day,’’ argues the suit filed by the tavern, which is operated by Columbus Ale House, Inc.

“No study of which Plaintiff can find has suggested that a city that implemented an earlier restaurant closing time saw fewer infections as a result.”

Yet The Graham and other food establishments already “desperately struggling to pay [their] rent’’ because of debilitating rules have to deal with the 25 percent indoor-dining capacity — and a curfew on top of that, forcing them “to boot customers out the door,” the suit says.

“Without the [curfew], The Graham would stand a chance of being able to pay its bills; with [the restriction], it will be a matter of months before The Graham will be forced to permanently close its doors,” the court papers say.

The suit seeks an overturning of the curfew and lawyers’ fees, among other things.

Cuomo’s camp did not immediately respond to a request for comment from The Post on Tuesday.

Additional reporting by Bernadette Hogan and Kate Sheehy