Sydney Chambers

Staff Writer

    New York City proposed placing a ban on sugary drinks over 16 oz, that was supposed to start March 12th.  The goal of the ban was to prevent the ever-rising number of obese Americans, but state Supreme Court Justice, Milton A. Tingling Jr., has ruled that the ban is “arbitrary and capricious.”

    Under mayor Bloomberg’s ban, a drink with more than 25 calories per eight ounces which has either been sweetened by the manufacturer or mixed with another caloric sweetener would no longer be sold in 16 oz cups.  This doesn’t include 100% fruit juices, or drinks with more than 50% milk. The ban, of course,does not prevent people from getting refills of their sodas.  The city was willing to give restaurants three months to adjust to the rule, but if they were not converted the business would be fined $200.

    Tingling claimed the ban had many exceptions, and are made on “suspect grounds” and had uneven enforcement.  The many loopholes, such as the refill issue, defeat the purpose of the ban.  He also expressed concern about the health department having “virtually limitless authority.”  

    Monday, Bloomberg said that, “everybody across this country should do it,” and even now there are still lawmakers in Washington D.C. still watching the fight over the ban with interest.

    So, who wins exactly?  Well, movie theaters and the beverage industry.  It’s also a victory or conservatives who do not support the food restrictions and regulations, such as Michelle Obama’s healthy eating campaign.  This ban would have also hurt small, minority owned businesses that gain significant profit from their large beverages.  “We’re excited.  We’re happy,” said Russell Levinson, general manage of Movieworld in Queens.  He is relieved that for now, the theater doesn’t have to ditch the four drink sizes that would have been banned under the ban.

    But, Bloomberg plans to appeal.  “We plan to appeal the sugary drinks decision as soon as possible, and we are confident the measure will ultimately be upheld,” tweeted NYC Mayor’s Office (@NYCMayorsOffice).