BUFFALO, N.Y. (WKBW) — A 19-page temporary restraining order was filed by the Town of Cheektowaga via Keane and Beane, P.C. to stop additional asylum seekers from staying at Cheektowaga hotels.
The order was granted to the Town Friday afternoon.
It states the three hotels where more than 500 asylum seekers are staying, are no longer operating as hotels in the town of Cheektowaga, thus violating the town zoning code.
State Supreme Court Justice Emilio Colaiacovo said in court on Monday that the order will remain in effect but no asylum seekers staying at the hotels will be displaced between now and Friday when the parties return to court.
Cheektowaga's attorney, Robert Zitt, said in court on Monday that the order was submitted with urgency on Friday, but that has since changed citing that one of the hotel's sprinkler systems failed and another hotel is dealing with a fire hazard.
"So obviously this complicates what the town's position was," Zitt said.
Still, Colaiacovo questioned Zitt about why this is a problem now after housing asylum seekers for two months.
"It just seems odd that they only did this until after these incidents that have been reported about in the news," Colaiacovo said.
Colaiacovo referring to two alleged sexual assault cases involving persons seeking asylum.
Town Attorney John Dudziak shared concerns with Colaiacovo regarding problems they've experienced at the hotels in Cheektowaga.
"Within the last 48 hours there's been destruction of property, smashed windows," Dudziak said.
Colaiacovo asked if the town was requesting to remove the asylum seekers. Dudziak said the lawsuit did not state that but pointed out how the situation has changed since it was filed on Friday.
"I understand this is a dire situation, but now you want me to remove these people today without giving the defendants the due process and the right to respond which we just agreed to on Friday," Colaiacovo responded, "And at the same time these are human beings. I can't just direct them to be removed tomorrow or later this afternoon with no place to go."
The town now wants the defense to submit a special use permit, but the defense, appearing virtually, said the town never requested a special use permit for the hotels. They said that is not necessary given the conditions they agreed to two months ago and added that they have a statutory application and they are in compliance with that.
Both sides will be back on Friday afternoon. The defense will appear in person.
