Bloomberg Vows to Ban Supreme Court Ruling on Soda Ban

The city plans to immediately appeal a decision by a state Supreme Court judge to block Mayor Michael Bloomberg’s large sugary drinks ban.

New York Supreme Court Judge Milton Tingling ruled Monday that the city’s ban on sodas larger than 16 ounces was unconstitutional.

But Bloomberg said the city would appeal the decision and that he believed the courts would ultimately approve of the ban.

“We strongly believe that, in the end, the courts will recognize the Board of Health’s authority to regulate the sale of beverages that have virtually no nutritional value and which – consumed in large quantities – are leading to disease and death for thousands of people every year,” Bloomberg said. “There are many, many instances where a lower court decision has gone against us and then been reversed. If lower court rulings always stood, Grand Central Terminal would have been knocked down 40 years ago.”

The ban would have prevented restaurants, theaters, sports stadiums and any venue that receives a letter grade from the city’s Health Department from selling sodas larger than 16 ounces.

The new rule would not have applied to supermarkets or convenience stores.

Meanwhile, Councilwoman Letitia James, D-Brooklyn, praised the Supreme Court’s decision to block the ban.

"I have argued that the Mayor's proposal to ban sugary drinks over 16 ounces was arbitrarily punitive and would most harshly target small local businesses, and I’m glad that the New York State Supreme Court agrees," said James. 

"I believe in promoting healthy lifestyle choices, and 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 continued.

"Although state requirements set the minimum standard for PE in high schools at two classes per week, IBO reports show that the DOE fails to meet this standard. I believe that increasing exercise, promoting healthy food choices, and developing urban farming programs in schools has a real and lasting effect on obesity.”