NEW YORK — New York City Mayor Mike Bloomberg will appeal the 11th hour decision by a New York Supreme Court justice to block the soda ban that was to take effect Tuesday.
“We’re going to appeal. We believe the judge’s decision was clearly in error and that we’ll prevail on appeal,” said Bloomberg during a press conference Monday. “People are dying every day. This is not a joke. It’s about real lives.”
The American Beverage Association, the National Restaurant Association and other businesses filed a lawsuit in October seeking to block the restriction that was approved by New York City’s Board of Health.
Judge Milton Tingling decided in their favor Monday, ruling that the city Board of Health lacked the authority to promulgate the restriction he called “arbitrary and capricious.”
An effort to curb obesity, the ban was to prohibit restaurants, food carts, movie theater concession stands and other establishments that receive an inspection grade from the health department, from selling sweetened drinks in containers larger than 16 ounces. Supermarkets and convenience stores would have been exempt.
“The court ruling provides a sigh of relief to New Yorkers and thousands of small businesses in New York City that would have been harmed by this arbitrary and unpopular ban,” said the ABA in a statement. “With this ruling behind us, we look forward to collaborating with city leaders on solutions that will have a meaningful and lasting impact on the people of New York City.”
Foodservice establishments were in different stages of preparedness a day before the ban was to be implemented. Barclay Center, home of the Brooklyn Nets, has been voluntarily complying with the restrictions since it opened last September by serving only a single 16-ounce soda size. Starbucks, on the other hand, refused to make any changes based on the mandate, according to reports.
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