Bloomberg’s case for soda ban headed to appeals court

MIDTOWN, Manhattan (PIX11) – Could Mayor Bloomberg’s ban on large sugary drinks be making a comeback? For months he has said a judge’s decision striking it down was wrong. Now he’ll have another day in court.

It looked like the Mayor’s ban on large sugary drinks was dead when two judges ruled against it but city lawyers will get one last chance to save it. The state’s highest court, the New York State Court of Appeals has agreed to review the case.

All along the Mayor has disagreed with judges who said the Board of Health exceeded it’s authority by putting a 16 ounce limit on high calorie drinks in an effort to curb obesity and diabetes. Last spring, Mayor Bloomberg said, “We think the judge is totally in error in the way he interpreted the law and we’re very confident we’ll win on appeal.”

But the court is not expected to take up the case until next year. That will be after Mayor Bloomberg is out of office so the decision on whether or not to continue to push for the ban will fall to his successor in City Hall. That’s where it gets tricky.  The front runner, Democrat Bill de Blasio has been a vocal critic of many of Bloomberg’s policies but reportedly supports the ban. Republican candidate Joe Lhota, who usually supports the Mayor, told the New York Times if he is elected he will withdraw the appeal.

So how do New Yorkers feel about the on again off again battle over big sugary drinks? Asked what she thought about Mayor Bloomberg taking another shot at making the ban stick, Mori Loccisano told PIX11, “I don’t think there’s any stopping him. He seems to be very passionate about certain things.” Walking down 42nd Street, Elton Phoenix went a little farther saying, “I  think it’s a silly idea.  They should just forget about the whole thing and let people do what they gotta do.”

James, who didn’t give his last name, said, “I think people should drink what they want to drink.”  Asked if the Mayor should go to court over the ban again he said, “No.”

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