◼ A judge on Monday invalidated New York City's plan to ban large sugary drinks from restaurants and other eateries, one day before the law was to take effect. - CNBC
Justice Milton Tingling of the trial-level state supreme court in Manhattan ruled the new regulation was "arbitrary and capricious'' and declared it invalid. The American Beverage Association and other business groups had sued the city challenging the ban.
◼ Judge Halts Nurse Bloomberg's Soda Ban - Ace of Spades
@gabriel_malor notes that the decision is from the "New York Supreme Court," but remember, New York names its courts oddly; the "Supreme Court" is the lowest-level court. (The highest level court, analagous to the US Supreme Court, is the Court of Appeals.)
◼ Judge Halts New York City Soda Ban - WSJ
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."
...Judge Tingling also suggested that Mr. Bloomberg overstepped his powers by bringing the sugary drink rules before the Board of Health, which is solely appointed by him. The City Council, he wrote, is the legislative body "and it alone has the authority to legislate as the board seeks to do here."
◼ NY judge halts Bloomberg sugary soda ban - Michelle Malkin
◼ These Are The Six Groups That Stood Up To Mayor Bloomberg's Soda Ban — And Won - Kim Bhasin/Business Insider
It was six groups of trade associations and a union that united to fight Bloomberg's regulations.
And they won.
(Well, for now. Bloomberg's office has promised to appeal the decision "as soon as possible.)
Many of the groups are — or are backed by — huge, national powerhouses:
◼ New York Statewide Coalition of Hispanic Chambers of Commerce — the state's biggest Hispanic business association
◼ The New York Korean-American Grocers Association — non-profit trade association that serves as an information exchange for Korean-American businesses in New York
◼ Soft Drink and Brewery Workers Union, Local 812, International Brotherhood of Teamsters — Teamsters in the beverage industry in NYC
◼ The National Restaurant Association — America's largest foodservice trade association
◼ The National Association of Theatre Owners of New York State — a trade organization that represents the owners of movie theaters; the largest of its kind in the country
◼ The American Beverage Association — a huge trade organization that represents the non-alcoholic beverage industry
