Supersized Soda Ban Blocked By Judge
March 12, 2013Mayor Michael Bloomberg Vows To Appeal
Just hours before a New York City ban on supersized soda and sugary drinks was to be put in to effect, a New York judge blocked Mayor Michael Bloomberg's controversial attempt to regulate the sales of drinks over 16 ounces.
While movie theater owners, restaurateurs, and small business's are celebrating the sweet victory, a defiant Mayor Michael Bloomberg has vowed to appeal the decision.
"We believe that the judge’s decision was clearly in error, and we believe we will win on appeal.” said Bloomberg in a press conference yesterday. "With so many people contracting diabetes and heart disease, with so many children who are overweight and obese, with so many poor neighborhoods suffering the worst of this epidemic, we believe it is reasonable and responsible to draw a line and that is what the Board of Health has done."
The ban would have effected only businesses regulated by the city of New York. Retailers, including 7-Eleven, that are regulated by the state would not have been effected by the ban. So a person might have been able to buy a super-sized soda at one establishment but might not be able buy that same sized drink at a business next door.
Supreme Court Judge Milton Tingling, Jr. determined that the Board of Health and Mayor Bloomberg went beyond their authority in attempting to enforce rules that were not placed before the elected City Council for legislature. (Members of the Board of Health are appointed by the Mayor.) The judge called the regulations arbitrary and capricious.
Bloomberg's proposed ban was met with a lawsuit brought on by the American Beverage Association, the National Restaurant Association, movie theater owners, unions, and others.
-What are your thoughts about banning super-sized sugary drinks? What do you think of Judge Milton Tingling's ruling?