Judge Gulps Down Bloomberg Soda Ban

A proposed ban on large sugary soft drinks that was scheduled to go into effect on March 12 has been overturned by a State Supreme Court judge.

New York Supreme Court Judge Milton Tingling ruled the ban as unconstitutional on Monday afternoon, and that the city was, "enjoined and permanently restrained from implementing or enforcing the new regulations."

Support for the regulations were weak in the City Council, with several law makers—including Councilwoman Letitia James, D-Brooklyn— strongly against 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.”

The Health Department could not immediately be reached for comment.

Fort Greene businesses were strongly opposed to the ban, with many upset with what they said was a governmental imposition.

"It's not the government's place to tell us what we can drink," Jose Hernandez, manager of the Connecticut Muffin on Lafayette Avenue, told Patch. "This is America. And the American palate is a lot of sugar."

S&S Brooklyn Pizza owner Salvatore Fundaro weighed in, saying: "Families with four or five kids, they come and eat and drink—it's important for the family to be together. They can't just buy one soda each. There is something very wrong here."