BUFFALO, N.Y. — Earlier this month, state Supreme Court Justice Timothy Walker issued a temporary restraining order that lifted the curfew for dozens of bars and restaurants that had sued New York State.

Five days later an appellate judge reinstated the curfew. But in what has become sort of a tug-of-war, Walker could now issue a preliminary injunction again allowing these establishments to return to normal business hours.

"These are obviously not simple issues for a court to pass on," he said during virtual court proceedings Friday.

Walker said he plans to issue a ruling early next week on the injunction but there's no guarantee he'll lift the curfew again. The judge heard arguments from the state and attorneys for the businesses.

"The governor, when he came out with the 11 o'clock (curfew) gave no reason for it because there is none. He's doing what he feels like doing and this is having a dramatic irreparable impact on all the clients," attorney Corey Hogan said.

The key argument for the bars and restaurants is that the state has not provided scientific data showing the spread of COVID-19 is more likely in the evening. Walker repeatedly asked the state if that evidence existed.

"The more you drink, the more likely you are to be less inhibited based upon the chemical interaction within the brain, the socialization and all that," he said. "All I'm saying to you is I don't understand how that all happens after 10 p.m. or 11 p.m. but not at noon, 1 o'clock or 2 o'clock."

The state argued back that science shows that going to a bar or restaurant is a high risk activity and logically, limiting hours of operation minimizes the risk.

"Even if we didn't come up with the best solution, your honor, we came up with a solution that is rationally related to reducing the spread of COVID and that is all that is required," Assistant Attorney General Ryan Belka said.

Friday, attorneys for the petitioners also focused on another argument that the governor has no right to issue executive orders that last beyond 30 days. That argument was the key in a different case in which a judge ruled against the state earlier this week.

"This current 11 o'clock curfew under (executive order) 202.94 is nothing but an illegal extension of a now greater than 30-day-old 202.7," attorney Paul Cambria said.

Walker also plans to make a ruling on the state's motion to move the venue for the case from Buffalo to Albany.