A judge has ruled in favor of Zoom Tan and against New York State and Gov. Andrew Cuomo.
The tanning business argued it is not a personal-care business, and unlike beauty salons, its services are touchless, so it should be allowed to remain open, despite being in Erie County's orange zone designation.
In court paperwork filed Monday, a judge agreed and granted the temporary restraining order allowing Zoom Tan to open.
The judge said Zoom Tan not only showed it is contactless, but demonstrated irreparable harm from the state's actions.
The state has until December 31 to submit a response.