A state judge on Monday stopped Mayor Michael Bloomberg's administration from banning the sale of large sugary drinks at New York City restaurants and other venues, a major defeat for a mayor who has made public-health initiatives a cornerstone of his tenure.
The city is "enjoined and permanently restrained from implementing or enforcing the new regulations," New York Supreme Court Judge Milton Tingling decided Monday.
The regulations are "fraught with arbitrary and capricious consequences," the judge wrote. "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….the loopholes in this rule effectively defeat the state purpose of the rule."
Beginning March 12, the city was set to prohibit restaurants, mobile food carts, delis and concessions at movie theaters, stadiums and arenas from selling sugary drinks in cups or containers larger than 16 ounces. Fines assessed against sellers for violations of the rules would have been enforced starting in mid-June.
The city rules didn't include convenience stores, such as 7-Elevens, and supermarkets, both of which are regulated by the state government.
