A 57-page lawsuit was filed in Miami-Dade County on Friday in which Mango's Tropical Cafe and 13 other Ocean Drive businesses are fighting back after the city decided to let voters decide whether they must close their doors earlier.
The city of Miami Beach and Miami-Dade's supervisor of elections, Christina White, are both named in the lawsuit.
In June, Miami Beach commissioners agreed to let residents decide whether to limit alcohol sales on Ocean Drive.
The referendum was scheduled in response to concerns over places on the popular strip that critics say are loud, open too late and contributing to increased crime.
Enough yes votes would make the cut-off time 2 a.m.
The current cut-off time is 5 a.m.
The lawsuit claims letting voters decide would break the rules because it "completely bypasses the mandatory charter and code requirements."
It goes on to say that "because the ballot question is the product of a process which violates the city of Miami Beach charter, code and the Florida constitution, the ballot question is invalid."
For now, the special election is set to take place Nov. 7.