BAKERSFIELD, Calif. (KGET) — A Kern judge said he doesn’t believe the court has the authority to overturn the governor’s ban on outdoor dining upon reviewing a lawsuit filed on behalf of 35 local restaurants, according to a document filed after the proceeding.

But Thomas Anton, the plaintiffs’ attorney, said he cited cases to Judge Kenneth G. Pritchard during Wednesday’s hearing showing Newsom had overstepped his authority. Anton said his office will file more information Monday for the judge to review.

The suit claims the governor’s order went too far, limiting food services without considering the consequences. The 35 restaurants named say their industry can’t survive on take-out and delivery orders alone.

Anton told 17 News last week there’s little evidence diners have a significant risk of catching COVID-19 from eating outdoors. A CDC study, however, said roughly half of adults with COVID-19 reported eating at a restaurant before they got sick. The study did not distinguish between indoor and outdoor dining.