BUFFALO, N.Y. — Another day, another legal battle for restaurants in Western New York.

Although Gov Andrew Cuomo lifted the yellow and orange zone restrictions, establishments still have to close by 10 p.m.  

Attorneys at the HoganWillig Law Firm have filed a lawsuit to get this curfew lifted as well. They are the same attorneys that successfully argued to allow restaurants to open in the micro-cluster zones before those restrictions were lifted.

A ruling on this can't come soon enough for restaurants and bars.  

Currently, restaurants can have 10 people per table and 50% capacity for the entire restaurant. But again, they still face a 10 p.m. curfew.  

Attorneys for the restaurants found out earlier this week, the state legally moved both cases to federal court because they brought the federal constitution into several arguments.

Because of this, HoganWillig attorneys withdrew their lawsuit, took their federal constitution arguments out, and refiled in the state supreme court.  

Attorneys for the restaurants and bars involved in the lawsuit say the state simply does not have scientific evidence showing serving customers after a certain time of day actually contributes to the spread of the virus.

A spokesperson for the governor released a statement saying in part: 

"We are happy to defend our actions to save lives in whatever forum the plaintiff wants to bring a suit, but this is simply a waste of judicial resources.”

HoganWillig attorneys say they could be in court Friday, but there is also a strong possibility that it won't happen until next week.