ALBANY, N.Y. (NewsNation Now) — National restaurant and video arcade chain Dave & Buster’s sued Gov. Andrew Cuomo in his official capacity as Governor of New York over the state’s COVID-19 restrictions.

According to the lawsuit, filed February 3, keeping specific facilities or industries—like arcades—closed is arbitrary and unconstitutional because others—like casinos, bowling alleys, movie theaters, gyms, and video lottery gaming—are open.

In the complaint, Cuomo is accused of violating the Free Speech Clause of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment.

The suit says Cuomo “has never publicly explained how arcades are meaningfully different from casinos, video lottery gaming facilities, bowling alleys, movie theaters, film houses, museums, aquariums, art galleries, gyms, and fitness centers in the context of COVID-19.”

Dave & Buster’s explained they had 1,200 employees at 11 locations statewide. The lawsuit details how the company furloughed all but 40 employees as a result of the closures.

The lawsuit alleges that many operating venues pose the same or a greater risk for COVID transmission. The company listed in the complaint strategies they implemented like daily temperature checks, spacious layouts, mask requirements, and frequent cleanings in the early days of the pandemic.

All Dave & Buster’s stores in the state—including two, in Albany and Syracuse, in New York’s Northern District, where the suit was filed—have been closed for nearly 11 months.

Meanwhile, provided they followed COVID guidance from the Department of Health, museums, aquariums, and art galleries could open in June. Bowling alleys and gyms reopened with restrictions in August. Casinos reopened in September, and movie theaters in October.