District Court, S.D. New York December 19, 2001, 01 CIV. 3837 (Dutchess/Putnam Restaurant & Tavern Ass'n v. Putnam County Department of Health)

OPINION AND ORDER GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS’ CROSS-MOTION FOR SUMMARY JUDGMENT

McMAHON, District Judge.

The Dutchess and Putnam Restaurant & Tavern Association and two owners of restaurants located in Putnam County, New York (collectively “plaintiffs”) bring this action for declaratory and injunctive relief pursuant to 28 U.S.C.