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NEW YORK STATE RESTAURANT v. NEW YORK CITY BD.

No. 07 Civ. 5710(RJH).

509 F.Supp.2d 351 (2007)

NEW YORK STATE RESTAURANT ASSOCIATION, Plaintiff, v. NEW YORK CITY BOARD OF HEALTH, et al., Defendants.

United States District Court, S.D. New York.

September 11, 2007.

Attorney(s) appearing for the Case

Kent A. Yalowitz, Nancy Gordon Milburn, Peter L. Zimroth, Arnold & Porter, LLP, New York, NY, for Plaintiff.

Mark W. Muschenheim, Louise Althea Moed, Nadia Rivera, NYC Law Department, Office of the Corporation Counsel, Brian Lewis Bromberg, Bromberg Law Office, P.C., Kevin Christopher Mallon, Fishman & Neil, LLP, New York, NY, Deepak Gupta, Public Citizen Litigation Group, Washington, DC, Stephen Henry Gardner, Litigation Office, Dallas, TX, Danny Chou, Dennis J. Herrera, Francesca Rosanna Gessner, Rafal Ofierski, San Francisco City Attorney's Office, San Francisco, CA, for Defendants.

MEMORANDUM OPINION AND ORDER

RICHARD J. HOLWELL, District Judge.

In this action, the New York State Restaurant Association ("NYSRA"), a not-for-profit business association of over 7,000 restaurants, challenges a regulation recently enacted by the City of New York. New York City Health Code § 81.50 ("Regulation 81.50") would require New York City restaurants who already make the calorie content information of their menu items publicly available...

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