Judge Halts Soda Ban: Calls Mayor Bloomberg's Plan ‘Arbitrary and Capricious’

New York Supreme Court Judge Milton Tingling stopped City Hall from banning New York City restaurants and other venues from selling large sugary drinks, a major setback defeat for Mayor Michael Bloomberg, The New York Post reported.

Before Tingling's ruling on Monday, restaurants, movie theaters, sports venues, convenience stores and other would have been prohibited -- starting Tuesday -- from selling sugary drinks of more than 16 ounces. Tingling permanently stopped the city from enforcing the ban.

"[The city] is enjoined and permanently restrained from implementing or enforcing the new regulations," New York Supreme Court Judge Milton Tingling ruled. "The rule would not only violate the separation of powers doctrine, it would eviscerate it. Such an evisceration has the potential to be more troubling than sugar sweetened drinks," Tingling wrote and New York Post reported.

 "It is arbitrary and capricious because it applies to some but not all food establishments in the city, it excludes other beverages that have significantly higher concentrations of sugar sweeteners and/or calories on suspect grounds, and the loopholes inherent in the rule, including but not limited to no limitations on refills, defeat and/or serve to gut the purpose of the rule," Tingling said. "Addressing the obesity issue as it related to sugar-sweetened drinks, or sugary drinks, is the subject of past and ongoing debate with the city and state legislatures."

The mayor's office released a statement saying that it would appeal the decision.

"We plan to appeal the decision as soon as possible, and we are confident the Board of Health's decision will ultimately be upheld," said New York Corporation Counsel Michael Cardozo. "This measure is part of the City's multi-pronged effort to combat the growing obesity epidemic, which takes the lives of more than 5,000 New Yorkers every year, and we believe the Board of Health has the legal authority - and responsibility - to tackle its leading causes."

Mayor Bloomberg envisioned his plan would pass easily.

Tags

Mayor Bloomberg, Sugary Drinks, City Hall, City Politics

© 2023 Lawyer Herald All rights reserved. Do not reproduce without permission.