Minutes after a state supreme court judge ruled that the large sugary drink ban, or “soda ban,” is invalid, the mayor’s office said it is already planning an appeal.
NEW YORK—“We plan to appeal the sugary drinks decision as soon as possible, and we are confident the measure will ultimately be upheld,” Mayor Michael Bloomberg’s office said via Twitter on Monday.
Judge Milton Tingling ruled that the ban—which would have banned establishments that get letter grades from the city to serve drinks larger than 16 ounces that contain more than 50 calories—violated the City Charter, but agreed with the city that obesity is a major problem that should be combated.
“The respondents in this action all state, in some shape or form, ‘There is an obesity epidemic among New York City Residents which severely affects the public’s health’ as the basis for the passage of 81.53,” the judge wrote in his ruling. “The words ‘epidemic and ‘obesity’ are neither examined nor explained as much as they are stated as fact.”
The mayor’s office said it believes the Department of Health “has the legal authority and responsibility to tackle causes of the obesity epidemic, which kills 5,000 NYers a year.
A coalition of groups formed to opposed the ban, including beverage manufacturers and many elected officials.
Councilwoman Letitia James said in a statement that the proposal would “most harshly target small local businesses.”
“If the administration wants to make meaningful gains in this area, they can begin by seeking to meet New York State requirements for physical education (PE) in schools,” she added.
Twitter users quickly retweeted the tweets and responded with a variety of views. Most said they are against the ban.
“Legal to dictate? you are delusional and i can’t wait until you leave office,” said Danielle Kelly, an artist.
“Educate, don’t dictate,” said another user.