Austin can prohibit late on-site dining over holiday weekend, judge rules. But the state could appeal.

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Elia Montoya serves breakfast dishes to U.S. Rep. Chip Roy and his family at Juan In A Million in East Austin in May. Credit: Bronte Wittpenn/American-Statesman via USA TODAY NETWORK/REUTERS

A Travis County District judge upheld Austin’s curfew restricting when restaurants and bars can serve customers during New Year's weekend, after Texas Attorney General Ken Paxton sued the city and Travis County to stop the measure.

"The Court finds the State has not demonstrated a probable right to the relief sought nor imminent and irreparable harm," said Amy Clark Meachum, presiding judge of the 201st District Court.

The resolution came just hours before Austin’s order would start being enforced. Citing an increase in COVID-19 cases, Austin Mayor Steve Adler and Travis County Judge Andy Brown announced on Tuesday that dine-in food and beverage service is restricted both indoors and outdoors from 10:30 p.m. to 6 a.m., starting Thursday and ending at 6 a.m. Sunday. The measure does allow restaurants to offer drive-thru, curbside pick-up, take out, or delivery services.