Judge Strikes Down NYC Soda Ban

'Arbitrary and capricious' to deny the people access to their Big Gulps

Eric Karkovack laughs next to a Surge cooler in 2005, in his Carlisle, Pa., home. (AP)


A New York judge struck down Monday the large soda ban imposed by Mayor Michael Bloomberg in New York City.

State Supreme Court Justice Milton A. Tingling Jr. blocked the city from enforcing the ban, which was set to begin Tuesday.

Milton wrote the ban was "arbitrary and capricious," according to the New York Times:

In his opinion, Justice Tingling specifically cited a perceived inequity of the soda rules, which applies to only certain sugared drinks — for instance, beverages with a high milk content would be exempt — and would apply only to some food establishments, like restaurants, but not others, like convenience stores.

"It applies to some but not all food establishments in the city," Justice Tingling wrote. "It excludes other beverages that have significantly higher concentrations of sugar sweeteners and/or calories."

Although the ban was set to take effect this week, the city had deferred enforcing the $200 fines for beverages containing more than 16 ounces of soda and other sugary drinks until June.

Bloomberg's ban was met with major opposition from New Yorkers; 51 percent of city residents opposed the ban in a recent Quinnipiac poll, including 60 percent of black New Yorkers.

City Hall says it will appeal the decisionPolitico's Maggie Haberman reported Monday afternoon.

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