A state judge Wednesday upheld Gov. Tom Wolf's Dec. 10 order shuttering indoor dining because of a rise in COVID-19 cases against a legal challenge brought by dozens of restaurants.

The order — referred to as In-Person Dining and Alcohol Sales — is in effect until Jan. 4 and aims to slow the spread of the coronavirus by closing all indoor dining through the holiday season.

Like previous measures aimed at COVID-19 reduction from Wolf, the latest order has drawn the ire of entrepreneurs and others who claim the government's measures go too far. But the Commonwealth Court upheld the order after hearing arguments Dec. 23 from lawyers representing at least 20 restaurants.

The court notes the businesses had lost a significant amount of income because the order was announced during the holiday season, a time that is especially lucrative for these businesses.

The businesses argued that “the order is discriminatory in that it arbitrarily targets certain limited categories of businesses and completely ignores person-to-person contact, which occurs frequently in other types of businesses, such as retail establishments, professional offices and industrial workplaces.”

In total, the businesses claimed they have lost $7 million in revenue. But the court declined to strike down the order, concluding that it is set to expire soon anyway.

The court's order, signed by Judge Andrew Crompton, found that representatives for the governor “did not provide persuasive evidence to fully demonstrate that the restrictions on indoor dining imposed by the order are supported by a rational basis” and “implored” the government to provide more evidence if there is another order in the future.