State judge calls Bloomberg’s big soda ban ‘arbitrary’ and ‘capricious’

Posted at 7:49 PM, Mar 11, 2013
and last updated 2013-03-11 19:50:53-04

Lower Manhattan – A decision handed down this afternoon by the State Supreme Court found Mayor Michael Bloomberg’s ban on sugary drinks in cups larger than 16 ounces is “arbitrary” and “capricious.”

The courts went on to declare the mandate voted on by the the City’s Board of Health as “invalid”, “unconstitutional” and “a violation of the separation of powers doctrine.” Additionally, in its 36 page decision, said only the City Council as a legislative body has the authority to vote on such a rule.

The ban on sugary drinks has been a hot button issue since September 2012, when the Board of Health voted in favor of it.  However, a month later the American Beverage Association, along with other groups, filed a lawsuit against the city.

The Mayor has, for months, defended the ban which he believed would fight what he called an obesity epidemic in the city.

In data, collected from the city’s Community Health Survey, Bloomberg’s office said there was proof of a direct correlation between sugary drink consumption and obesity in nine out of ten city neighborhoods surveyed.