Appeals Court Rules NYC ban on Large Sugary Drinks is Unconstitutional

Newsflash from your Hollywood Attorney:

Dealing yet another blow to Mayor Michael Bloomberg's efforts to reduce obesity in New York City, a state appeals court upheld an March decision by a lower court that Bloomberg's sugary drink ban is unconstitutional.

The court wrote that the city's Board of Health "failed to act within the bounds of its lawfully delegated authority," and as a result, the so-called soda ban is unlawful.

Bloomberg issued his edict in May 2012. The porous ban would have restricted the size of fountain drinks to 16 ounces, but contained many exceptions.

The size restrictions would have applied at restaurants, theaters and food carts. But retailers such as 7-Eleven would still have been allowed to sell super-sized drinks, like the 64-ounce Big Gulp.

The ruling Tuesday upholds a March decision by Justice Milton A. Tingling of the state Supreme Court in Manhattan, who called the law "arbitrary and capricious."

The First Department of the state Supreme Court's Appellate Division took particular issue with the soda ban's various exceptions.

A four-member panel wrote in its decision that "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. If it were, the 'soda ban' would apply to all public and private enterprises in New York City."

Bloomberg said in a statement he intended to appeal Tuesday's ruling.

Source.... http://www.latimes.com/business/money/la-fi-mo-appeals-court-bloomberg-sugary-drink-ban-20130730,0,6362384.story

http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600    
 http://www.jonathanfranklinlaw.com

Bloomberg's NYC Soda Ban shot down Theater Owners Celebrate Victory

"We are elated with today's decision," NATO says. "This issue was never about obesity, nor about soda. This was all about power."

In his decision, handed down one day before the proposed ban was take effect, Supreme Court Judge Milton Tingling said the city's health department had overstepped its authority. Bloomberg had championed the law in an effort toward controlling obesity.

The prohibition would have been a major blow for theater owners, who can see a profit of as much as 85 percent on concession sales. The New York branch of the National Association of Theatre Owners was a party to the lawsuit opposing the ban.

"We are elated with today’s decision," NATO said in a statement. "This issue was never about obesity, nor about soda. This was all about power. The court rejected the mayor’s attempt to unilaterally tell New Yorkers what to drink and where to drink it.

"We are pleased that the court’s decision shows that serious problems like obesity cannot be addressed by the imposition of an arbitrary and porous mayoral fiat," the statement continued. "Greater education, awareness and collaboration with all stakeholders will make a far greater impact than any unpopular and unfair executive decree."

Read More... http://www.hollywoodreporter.com/news/theater-owners-celebrate-victory-bloombergs-427321

                          Law Offices of Jonathan Franklin... http://www.jonathanfranklinlaw.com