FREDERICKSBURG, Va. (AP) — A Virginia judge has refused to issue a preliminary injunction against a restaurant whose owner has defied Gov. Ralph Northam’s COVID-19 restrictions on businesses.

The judge on Friday denied the state’s request for an injunction that would have resulted in the immediate closure of Gourmeltz restaurant in Fredericksburg.

The judge said the state had failed to show that an injunction was in the public interest or that it would be harmed without one.

Restaurant owner Matt Strickland believes Northam’s mandates are unconstitutional. He has refused to stop serving food and alcohol despite having his licenses suspended by public health officials.