CHICAGO (AP) — Cook County Board President Toni Preckwinkle says the proposed tax on sweetened beverages sold in the Chicago area will go into effect Wednesday.

The tax was cleared for implementation Friday when a judge dismissed a lawsuit challenging the penny-per-ounce tax. Judge Daniel Kubasiak also dissolved a temporary restraining order.

Preckwinkle said county officials believed all along the ordinance was carefully drafted and met pertinent constitutional tests.

Illinois Retail Merchants Association president Rob Karr said his organization would consider its legal options, which include filing an appeal or an amended complaint.

In arguing against the tax, the retailers said that under the Illinois Constitution, similar objects should be taxed uniformly. Under the sweetened beverage tax, drinks in a bottle, or from a fountain machine, are taxable. But on-demand, custom-sweetened beverages, such as those mixed by a server aren’t subject to the tax.