The Erie County Health Department says it is following a judge’s order and will apply yellow zone rules to all food service facilities in Erie County’s orange zone.

On Wednesday, a state Supreme Court judge granted a preliminary injunction to bars and restaurants suing the state for what they call unfair COVID-19 regulations.

The health department now says that any restaurant in the county can now reopen at half capacity for indoor dining as long as it follows yellow zone regulations. That means no more than four people to a table and tables must be kept six feet apart.

All bars and restaurants will need to end all indoor service at 10 p.m. each night. That ruling includes any concession stands in Bills Stadium for all home playoff games.

The Department of Health says it will observe these rules as long as the judge’s preliminary injunction is in place.

"The fact is the CDC has specifically pointed to indoor dining as a higher-risk activity, and this policy is a commonsense way to reduce the risk of exposure. As much as we feel for restaurants in Buffalo and as much as we want to let fans watch the game at bars, we won’t sacrifice public health," a spokesperson for the New York State Department of Health said.

After the WNY ruling, the state has now moved to allow all restaurants in orange zones to open under yellow zone restrictions.