Say it ain’t so.
The big gulp drinkers were able to win a battle.
Michael Bloomberg ‘s controversial ban on large, sugary sodas hit a wall Monday when a judge shredded nearly every legal argument and tossed the regulation out the window. The rule would have banned sales of sugary sodas larger than 16 ounces by restaurants, movie theaters, pushcarts and sports arenas.
Manhattan Supreme Court Justice Milton Tingling dismissed the rule as “arbitrary and capricious,” with too many loopholes and exemptions, siding with soda companies and business groups that had taken the city to court. In his 37-page decision, Justice Tingling pointed out that the ban would have applied only to food-serving businesses regulated by the city, such as restaurants and movie theaters, and not to state-regulated establishments, like 7-Eleven stores. He also pointed out that it would have applied to some sweetened drinks, such as sodas, but not others. Milkshakes, for example, would have been exempt. “The loopholes in this rule effectively defeat the stated purpose of the rule,” the judge said.
The judge noted that the city agency had no authority to issue it. Only the City Council had that power, he said. “One of the fundamental tenets of democratic governance here in New York, as well as throughout the nation, is the separation of powers. . . . No one person, agency, department or branch is above or beyond this,” the judge said.
Bloomberg, who was attempting to address the rising tide of obesity, vowed to appeal. But across the city, restaurant owners who had denounced the regulation as intrusive and costly – buying new soda glasses, and updating signs and menus – rejoiced.
So big gulp drinks live another day. The judge’s points make sense. The ban didn’t completely wipe out sugar – which I’m not sure was the intent. I assumed it would be a gradual change in behavior. Also as a new ban, I’m not surprised there were some flaws. I do think this ban – although not passed this go ‘round – will not be the last of its kind. The same concerns exist, and now that this has received national attention, I predict that it will return with even more steam.
Drink up!
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