The Animal Legal Defense Fund filed a lawsuit against La Toque restaurant for violating the state ban on foie gras.
La Toque said they were serving the food as a protest against the ban.
On Wednesday a Napa County superior court judge ruled that the illegal sale is not protected by the freedom of speech.
A series of ABC7 News I-Team reports in 2003 exposed how ducks are force-fed for foie gras, which led to the passage of the bill banning the delicacy.
