The judge granted the plaintiffs' petition and issued an order permanently enjoining the city from enforcing the cap contained in §81.53 of the city's Health Code.
Corporation Counsel Michael Cardozo said in a statement yesterday that he is confident the portion limit will ultimately be upheld.
"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," he said.
In addition to the coalition of Hispanic Chambers of Commerce, plaintiffs included the New York Korean-American Grocers Association, the Soft Drink and Brewery Workers Association, Local 812, International Brotherhood of Teamsters, the National Restaurant Association, the National Association of Theatre Owners of New York State and the American Beverage Association.
"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," the American Beverage Association said in a statement yesterday. "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."
Lead attorneys for the plaintiffs were James Brandt of Latham & Watkins, Steven Molo of MoloLamken, Clifford Chen of Watkins, Bradley & Chen and James Featherstonhaugh of Featherstonhaugh, Wiley & Clyne in Albany.
Mark Muschenheim, a senior counsel in the city's corporation counsel's office, argued on the city's behalf.
At the press conference, Bloomberg said the judge misinterpreted the precedent for the Board of Health's ability to regulate. "The Board of Health's limit on the serving size of sugary drinks does not limit anyone's consumption; it just requires them to think about whether they really want more than 16 ounces."
@|Joel Stashenko can be contacted at jstashenko@alm.com.
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Publius Gaius Arbiter
[Spelling correction]
Mayor Mike's adamantine obsession with gargantuan sodas exceeds concern over Federal budget cuts ("sequesters"). Bravo to portly Justice Tingling! Now, what legal authority did the Little Flower Fiorello LaGuardia have to ban the sale and possession of baby artichokes in 1935?
--------------Publius Gaius Arbiter
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Publius Gaius Arbiter
Mayor Mike's adamantine obsession with gargantuan sodas exceeds concern over Federal budget cuts ("sequesters"). Bravo to portly Justice Tingling! Now, what legal authority did the Little Flower Fiorello LaGuardia have to ban the sale and possession or baby artichokes in 1935?
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Tom
That "sigh of relief" is actually the sound of obese people catching their breath after getting up from their arm chairs.
If we can't keep people from gluttony, we should institute risk based health care premiums. I'm not particularly keen on paying for a teen's diabetes treatment when the disease is completely self inflicted.
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Michael
Hopefully the appeals process moves very slowly, and Mayor McCheese's illegal third term expires PRIOR to his bribing and paying off either the Appellate Term/Division or the City Council, in his attempt to add yet another tax on the citizenry or add more illegallly obtained treasure to the City's coffers. Until the city criminalizes 'large sodas' there is no way logic, the law or un-common sense would ever agree that the government's function now includes 'portion control'. While his do-nothing NYPD continues to allow illegal handguns into the city and the hands of criminals (some cops are actually selling the guns); while his transportation, sanitation and other city services crumble into public servant fifedoms, Mayor McCheese worries not, as he will fly to Bermuda when a storm is coming; he will go harass LEGAL GUN OWNERS IN OTHER STATES, before he requests Ms. Kelly to explain why the NYPD can't stop the gun violence. Her Honor needs to resign immediately, and do us all a favor by writing a single check to balance the city budget. Then he can continue to steal talent from the City (by hiring the VERY FEW intelligent deputy mayors for his private company) and continue to prove that City Government cares only for the rich and elite, to the detriment of the middle class, working class and the poor. I hope to celebrate by tossing a few thousand three litre bottle onto the lawn @ Gracie Mansion...oh wait, Her Worshipfulness doesn't even live there..........
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