date:Oct 13, 2012
enact it, said Caroline Starke, a spokeswoman for the plaintiffs. That power is reserved for the City Council.
The lawsuit also claims that the regulation is arbitrary and capricious, is filled with irrational exclusions and loopholes, and harms thousands of small businesses in the city.
The Board of Health was not immediately available for comment Friday.
The ban, which was approved last month, would outlaw drinks larger than 16 ounces at restaurants, food carts and any other establishments