Shuttered Restaurant Suing City To Reopen In Buffalo

The owners of the University Heights neighborhood restaurant had hoped to be back open after a violent incident occurred on the street near their eatery. They are now heading to court after city officials denied revoking their business operating license.

READ MORE: Violence Forces Another Venue To Close In Buffalo, New York

In the early morning hours on Saturday, May 25, 2024, 42-year-old Dairus Spates was rushed to the Erie County Medical Center with multiple gunshot wounds. Mr. Spate was declared dead by medical officials due to his injuries and was shot right outside of Luxor Steak and Lobster on Main Street, according to the Buffalo Police Department.

Since that shooting, the city of Buffalo ordered the upscale restaurant and nightlife spot to be closed. A few weeks after the shooting, the owners of Luxor had an administrative hearing with various officials from the City of Buffalo, where those officials shut down the eatery. The owners of Luxor are calling foul as some city officials did not show up at the hearing, nor does it seem they reviewed any of the evidence that Luxor presented in their defense.

According to the Buffalo News, this is just one of several reasons why the restaurant is now suing the City of Buffalo in New York State Supreme Court to force the city to allow Luxor Steak and Lobster to reopen.

According to the Article 78 Lawsuit that was filed against the City of Buffalo and Catherine Amdur, the City of Buffalo Commissioner of Permit and Inspection Services, government officials have acted "arbitrary and capricious" and they "lack of evidence supported by the record".

The city has failed to establish a definitive disciplinary process as evidenced by the immediate forced closure of LUXOR while allowing establishments with similar complaints to remain open and/or reopen after multiple shootings and acts of violence.
-Steven M. Cohen, Attorney for Luxor

Several community members gathered at Luxor on Wednesday, June 26, 2024, to support the restaurant while holding a peace rally. One of the general sentiments of the crowd and owners was that other restaurants and bars in Buffalo have had similar incidents of violence around their establishments and are not suffering the same consequences.

On Tuesday, May 7, 2024, 46-year-old Madjid Elbert was shot and killed on the patio of Del Denby Tavern on Hertel Avenue; that establishment was shut down for a short time and then allowed to reopen. This was not the first incident at the popular Buffalo's Hertel-Parkside neighborhood.

In the early hours of Saturday, June 1, 2024, three men, all in their early 20s, were shot outside of Cole's and Mr. Goodbar's on Elmwood Avenue, and both of those establishments were allowed to remain open.

The owners of Luxor will have a hearing on this matter in state Supreme Court on Friday, June 28, 2024, with Supreme Court Judge Michael Siragusa.