Local attorney says suing butcher over mask mandate won’t hold up in court

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The story involving a local butcher and an eye doctor is getting a lot of attention.

As NewsChannel 13 reported Wednesday night, Dr. David Kwiat, an ophthalmologist, is claiming civil rights violations and mental anguish in a federal lawsuit against Primal: Your Local Butcher Shop, in Saratoga County.

It’s all because the butcher shop owner asked the doctor to wear a face mask.

Dr. Kwiat is asking for $250,000 The lawsuit also alleges the butcher was “practicing medicine without a license” when he asked a customer to wear a face mask.

NewsChannel 13 asked local attorney Lee Kindlon to read through the lawsuit.

“This lawsuit should be written on pieces of rubber, ‘cause it’s going to bounce pretty hard out of District Court,” said Kindlon. “This makes no legal sense. There’s no basis for the damages. There’s no basis to sue this poor guy who’s just trying to do his job and follow the requirements of the state.”

Kindlon says it’s likely a judge will require the plaintiff to reimburse the defendant for any legal fees that may be incurred, but it’s not automatic.

Kindlon also says an attorney would be strongly sanctioned for filing a lawsuit like this.