The future of outdoor dining remains up in the air following a Manhattan Supreme Court judge's ruling that the environmental impacts of the program need to be fully studied before it can be made permanent.

Shannon Phipps is part of a lawsuit of nearly two dozen New Yorkers who are challenging the Open Restaurant Program -- citing concerns from noise problems to an increase of trash that attracts rats.

"They're unsanitary. We also have sheds that are built into bike lanes. We have sheds that block stop signs and traffic signs, obscuring visibility," said Phipps.

Charlotta Janssen, who owns Chez Oskar in Bed-Stuy, says that outdoor dining has been a saving grace for her business. 

"We were losing money and we couldn't employ anyone, and the moment we had outdoor dining we could get our staff back, we were making income, we were starting to see actually even a profit, which was a miracle," said Janssen.

A city spokesperson says that on Wednesday the Law Department filed an appeal against the judge's ruling.

The city says it's been undergoing a thorough and careful process in preparation for a permanent outdoor dining program.