Pima County, which includes Tucson, Ariz., has formally appealed a state court ruling that halted the enforcement of a mandatory 10 p.m. curfew for bars, according to the Arizona Daily Star. However, it seems like it could be all for nothing since the county’s health department says the Covid-19 infection rate has fallen below the level at which the curfew is automatically lifted.

In January, the owners of Cobra Arcade Bar, HighWire Lounge, The Maverick, the Union Public House and two other related restaurant-bars filed a lawsuit and won the preliminary injunction on Jan. 27. At that time, they were allowed to operate without a curfew… and for now, continue to do so.

Joe Watson, a spokesman for the Pima County Attorney’s Office, said: “Our civil division continues to review the health department’s advisory before it makes any recommendation to the county.” The court will set a schedule for the parties to file briefs in the case before hearing oral arguments – again, that is if it ever gets there.