NYC soda ban overturned by judge, appeal to follow
The controversial ban on soft drinks over 16 oz. at many New York City eateries passed by the NYC Board of Health at the behest of Mayor Michael Bloomberg was overturned in a state Supreme Court ruling today. Bloomberg’s administration has already vowed to appeal.
The lawsuit, filed by various business groups such as distributors, movie theaters and restaurants, sued to prevent the law from going into effect. Manhattan state Supreme Court Justice John Martin Tingling ruled in their favor, arguing that the law was “arbitrary and capricious” with an intended purpose undermined by loopholes. The judge noted that some eateries would be subject to the law, while others would not be.
In addition, Tingling argued the law violated the city’s separation of powers doctrine by acting as an example of mayoral power to pass a drink size cap, power which the court believed should rest with the NYC Council.
In a tweet released shortly thereafter, the Mayor’s Office promised to appeal as soon as possible and expressed confidence that their position would ultimately prevail.