The Wall Street Journal reports
that a wide variety of business interests have banded together and filed a lawsuit to stop enforcement of New York City Mayor Bloomberg's large soda pop ban.
The plaintiffs range from big groups such as the American Beverage Association the National Association of Theatre Owners of New York State, and the National Restaurant Association to small business trade groups such as
Korean-American Grocers Association of New York and the New York State Coalition of Hispanic Chambers of Commerce.
The plaintiff say that the unelected Board of Health had no right to enact the ban. Opponents of the ban say that the ban is "arbitrary and capricious" because 7/11 can still sell gigantic Big Gulps while small restaurant owners can't sell a large iced tea if it has sugar in it. Opponents say the ban hurts small businesses who will have to change serving sizes and who will lose business when customers cross the street to buy a Big Gulp.
The spokesperson for the plaintiffs, Caroline Starke, told The New York Times
in a statement, "This arbitrary ban creates an uneven playing field – seriously harming thousands of small businesses in the city, while leaving others exempt.
The ban is riddled with irrational exclusions, loopholes and random classifications that will seriously harm New York City businesses."