City responds after appeals court upholds strike-down of soda ban

NEWS_soda-rgb
The state-level appeals court upheld a lower court ruling that the ban on large sugary drinks would be an overreach of executive powers. Credit: Getty Images

After a state appeals court ruled the city’s plan to ban large sugary drinks is an illegal overreach of executive power, Mayor Michael Bloomberg vowed to not let a “temporary setback” stop the city from continuing its efforts to fight obesity.

“We firmly disagree with the court’s reasoning and will seek to appeal to the Court of Appeals as quickly as possible,” city lawyer Michael Cardozo said in a statement.

While the city cited “broad precedent” for the Board of Health to enact the ban, the board “failed to act within the bounds of its lawfully delegated authority” when it passed the measure, the First Department of the Supreme Court’s Appellate Division said in a unanimous decision Tuesday.

First announced by Bloomberg last year, the soda ban would cap the size of sugary beverages sold in restaurants and other eateries at 16 ounces. In March, a state court deemed the regulation invalid, calling it “arbitrary and capricious.”

In Tuesday’s ruling upholding the decision, the four-judge appeals court noted the ban was not put to a City Council vote, despite some members asking for one. Doing so was “violative of the principle of separation of powers.”

The appeals court also pointed out the ban had several loopholes, including exempting businesses not under the authority of the city’s health department, like grocery stores and chains.

“Accordingly, the selective restrictions enacted by the Board of Health reveal that the health of the residents of New York City was not its sole concern,” Judge Dianne Renwick wrote. “If it were, the ‘soda ban’ would apply to all public and private enterprises in New York City.”

Still, the city was defiant, pointing out sugary drinks have been linked to the obesity epidemic.

“Since New York City’s groundbreaking limit on the portion size of sugary beverages was prevented from going into effect on March 12, more than 2,000 New Yorkers have died from the effects of diabetes,” Bloomberg said in a statement.

The American Beverage Association, one group that petitioned the court to strike down the ban, was “pleased” the decision was upheld.

“With this ruling behind us, we look forward to collaborating with city leaders on solutions that will have a meaningful and lasting impact on the people of New York City,” said Christopher Gindlesperger, senior director of public affairs at the association.

Though the city will ask the Court of Appeals to look into Tuesday’s decision, the court can choose not to do so.

Follow Anna Sanders on Twitter: @AnnaESanders



News
Entertainment
Sports
Lifestyle
National

Is #JusticeForAvaLynn a case of bullying?

On Saturday, the hashtag #JusticeForAvaLynn became one of the trending topics on Twitter. Users circulated the above photo of 5-year-old AvaLynn, posted by her mother…

International

Terrorism could spread to US and Europe in…

Saudi Arabia's King Abdullah said terrorism would soon spread to Europe and the United States unless it is quickly dealt with in the Middle East,…

National

Ex-Bitcoin official to plead guilty to Silk Road…

Bitcoin entrepreneur Charlie Shrem has reached a plea deal to resolve U.S. charges that he engaged in a scheme to sell over $1 million of…

International

China's army changes tactics to prepare for war…

Chinese President Xi Jinping has said China will spur military innovation and called on the army to create a new strategy for "information warfare" as…

Gossip

Joan Rivers on life support: Report

TMZ reports that comedian Joan Rivers has been placed on life support, "completely reliant on machines to stay alive." Rivers has been hospitalized since she…

Movies

What's new on Netflix in September

September has a supernatural theme for Netflix. UFO "documentaries" and the survivalist reality series "Doomsday Preppers" are among the new series coming to the online…

Going Out

'Friends' coffeehouse Central Perk coming to NYC —…

"Friends" is coming back for a one-off special: "The One with the Free Coffee." Warner Bros. is bringing a pop-up replica of Central Perk, the…

Movies

Interview: 'As Above, So Below' directors: 5 ways…

The fraternal directors of the found footage horror "As Above, So Below" dish on the best ways to frighten the bejesus out of audiences.

NFL

3 things we learned in the Giants preseason…

The final score didn’t matter — a 16-13 win by the Giants — but it would’ve been nice to finally see Big Blue’s new-look offense get on track.

NFL

NFL Power Rankings: Seahawks, Broncos, Patriots, 49ers start…

NFL Power Rankings: Seahawks, Broncos, Patriots start at top

U.S. Soccer

5 facts about new England captain Wayne Rooney

Manchester United striker Wayne Rooney was named as the new England captain by coach Roy Hodgson on Thursday.

NFL

Jets vs. Eagles: 3 things to watch

A win on Thursday night at the Eagles would give the Jets a 3-1 record and just their second winning preseason under head coach Rex Ryan.

Wellbeing

VIDEO: Still not wearing sunscreen? You will after…

Sunscreen is possibly the most often repeated - and ignored - piece of skincare advice. But Thomas Leveritt took a different tactic. With a short…

Food

Twitter used to track down sources of food…

When Chicago health officials saw Twitter users complaining about local food poisoning episodes, they reached out on Twitter to those users and often ended up…

Style

Trend: White hot on the 2014 Emmy's red…

White was one of the big trends on the Emmy's red carpet.

Food

Recipe: Samuel Adams beer-marinated grilled shrimp

Summer calls for two things: a cold beer and light food. Sam Adams' Latitude 48 IPA fairly bursts with citrus notes, making it an ideal marinade…