Even as the state is set to push its restaurant curfew to midnight Monday, more local owners are joining a lawsuit to end the curfew altogether.

The HoganWillig law firm says about 35 new businesses are joining its suit, alongside potentially 85 other restaurants and bars already challenging the state law.

On Saturday though, a state Supreme Court justice dismissed an injunction against the curfew. The justice argued the law being challenged was replaced since the petition was filed in January, due to what HoganWillig calls a constantly-changing set of executive orders from the governor.

Attorneys say they're pushing forward, demanding those bars and restaurants be allowed to go back to their regular operating hours.

"These people that are going out at 11, they're not going to go out at 11 if they're going to be tossed out at midnight,” said HoganWillig partner and founder Corey Hogan. “One of the complaints by the state was, 'well, this isn't irreparable harm.' Our thought is, when you're closing restaurants down, that's pretty significant damage, when people are going out of business, I don't think it can get any worse than that."

HoganWillig argues that there's no proof restaurants have helped fuel recent COVID-19 cases.

The firm is planning to file a new motion by the end of the week, opposing the process Governor Cuomo uses to set business curfews.