The Office of the Attorney General, on behalf of Defendants Lawson and Spicola (DBPR and ABT), filed its Motion to Dismiss the “growler lawsuit” this morning. The incorporated memorandum of law in support of the motion generally lays out a history lesson of how the statute was originally enacted, provides some red herring arguments in support of dismissing the lawsuit and includes a semi-hilarious explanation of why the container size law is “rational.”
As discussed in a previous post, the defendants here must only prove that the challenged law is rationally related to a legitimate government interest. It is the most lenient standard for judicial review available. Plaintiff has the burden of proving that the law serves no conceivable legitimate purpose.
Defendants mostly skirt the issue of rationality. They do bring it up briefly on three separate occasions. They argue, for example, that “iven that consumers are significantly more likely to attempt […]