Judge tosses Mayor Bloomberg’s ban on large sugary sodas one day before it goes into effect

New York Daily News – by ERIN DURKIN

A judge has invalidated Mayor Bloomberg’s controversial plan to ban large sugary drinks from restaurants and other eateries, one day before the new law was to take effect.

State Supreme Court Justice Milton Tingling in Manhattan ruled the new regulation was “arbitrary and capricious” and declared it invalid, after several soda and business groups had sued the city challenging the ban.

Mayor Bloomberg had touted the ban as a way to reduce obesity. But beverage manufacturers and business groups had called the law an illegal overreach that would infringe upon consumers’ personal liberty.

Hours before the judge’s ruling, Bloomberg was touting the ban on portions over 16 ounces as a national model.

“Everybody across this country should do it,” said Bloomberg, who has already called for the state to bar large sugary sodas as he had.

And, he suggested, the crusade might not even stop there.

“In fact, obesity is a problem around the world,” he said. “It’s getting to be as serious if not more so than smoking.”

He said tough moves are necessary because the obesity epidemic will “bankrupt” the healthcare system – and, he suggested, because fat people can’t do their jobs as well as those in better shape.

He cited an economic hit because of “people who come to work and because they’re overweight just can’t perform as well as people who might be in better shape. Physical activity requires you to be in good shape.”

Bloomberg released data Monday showing that the neighborhoods where people consume the most sugary drinks also have the highest obesity rates. Most of the neighborhoods are poor.

“If you go back to the 20s, you see these pictures of the old robber barons with their big stomachs out there – that was a sign of success,” Bloomberg said.

“Today those people are doing pilates and running in marathons and triathlons and if you look at where obesity is in the country, it tends to be in the people at the lower end of the economic ladder who don’t have the ability to take care of themselves as well, and if anybody will get helped by this, it’s them.”

Despite resistance to the controversial ban by restaurants, the soda industry, theaters and others, Bloomberg predicted most businesses would follow the rules.

“For all of what people say, peo**ple will quickly glom on and will do it, and they’ll get used to it very quickly, and like smoking and so many other things…I think you’ll see compliance,” he said.

The mayor did not have an immediate comment about the judge’s ruling.

edurkin@nydailynews.com

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