JUDGE BLOCKS BLOOMBERG'S SODA BAN - Calls It 'Arbitrary And Capricious'
The New York City Mayor's Office said it would appeal the decision "as soon as possible" in a tweet shortly after the ruling came down.
Bloomberg's new sugary drink regulations are "fraught with arbitrary and capricious consequences," New York Supreme Court Judge Milton Tingling wrote."It is arbitrary and capricious because it applies to some but not all food establishments in the City," the judge wrote. "It excludes other beverages that have significantly higher concentrations of sugar sweeteners and/or calories on suspect grounds."
"The simple reading of the rule leads to the earlier acknowledged uneven enforcement even within a particular city block, much less the city as a whole," he continued. "The loopholes in this rule effectively defeat the stated purpose of the rule."
The ruling "provides a sigh of relief to New Yorkers and thousands of small businesses in New York City that would have been harmed by this arbitrary and unpopular ban," a spokesperson for the American Beverage Association told the WSJ.
Earlier today, Bloomberg predicted that his new regulations would be accepted by most, according to the New York Post.
"I think you're not going to see a lot of push back here," he said.
We reached out to the Mayor's Office, which declined to comment. But it did tweet out a note:
More to come...
We plan to appeal the sugary drinks decision as soon as possible, and we are confident the measure will ultimately be upheld.— NYC Mayor's Office (@NYCMayorsOffice) March 11, 2013