He was social distancing at work way before the state required it, so a Long Island stone cutter wants to know why his business has been shuttered by the pandemic.
The seven workers in Sandro Mannarino’s Lynbrook shop all wear protective facial gear and operate in a 4,000-square-foot facility with plenty of space, but that didn’t stop a Nassau County fire marshal from closing the place May 1 as “nonessential.”
He tried to appeal the decision, “however all Mannarino received was an automated email reply with no way to appeal or address [his] specific circumstances,” according to a federal lawsuit he’s filed against Gov. Cuomo, the state and the county.
The governor’s many executive orders putting the state on “pause” to stop the spread of coronavirus don’t “properly define” what is an essential business, and don’t take into account those which can fully operate “with social distancing and protective gear,” Mannarino’s Omnistone claims in court papers.
“The executive order goes too far,” according to the legal filing, which is seeking class-action status.
Even though the curve is flattening and parts of the state are reopening, Omnistone, which opened in 2003 and fashions kitchen counters, bathroom vanities, floors and fireplace mantels in homes and businesses, still has no idea when it will be able to resume work.
“For [Omnistone] no opening is in sight,” according to the papers.
All the stone cutters in his shop must wear protective face, eye, ear and hand coverings, and none are over 60-years-old or have any medical condition, Mannarino contends.
He needs a minimum of four people to safely carry large slabs of stone in the workshop, but even then employees are spread out, said Omnistone lawyer Jacob Weinstein.
“They can actually observe social distancing in the workplace much better than most other businesses,” Weinstein said.
The state’s Empire State Development Corp. said it would evaluate Omnistone’s status, “as we do for all businesses that inquire about the essential business guidance,” according to a spokeswoman.