Judge overturns NYC Mayor Michael Bloomberg ‘soft drink ban’

New York – Monday, a New York state judge did not sugarcoat his ruling over NYC Mayor Michael Bloomberg’s attempt to legislate portions of sugar consumption by banning selected soft drinks over 16 ounces.

New York Supreme Court Judge Milton Tingling ruled that Bloomberg – a former Republican currently politically unaffiliated who now caucuses with liberal Democrats – left gaping loopholes that defeated the purpose of his ban.

Bloomberg claims he wants to control the portions of soft drinks that citizens are allowed to buy, although his ban only affects soft drinks sold in selected outlets like movie theaters and leaves other industries that serve sugary drinks alone.

“We’re excited. We’re happy,” says Russell Levinson, general manager of Movieworld in Queens. He is relieved, that for now at least, the theater doesn’t have to ditch the four drink sizes that would have been banned under the new regulations.

The ruling came just one day before the Bloomberg soft drink ban was scheduled to go into effect.

Bloomberg responded to Tingling’s decision by saying he would appeal. With the rising number of overweight and obese people, “it is reasonable and responsible to draw a line,” Bloomberg said.

Bloomberg’s office took to Twitter to express its disappointment in the decision.

“We plan to appeal the sugary drinks decision as soon as possible, and we are confident the measure will ultimately be upheld,” the mayor’s office tweeted soon after the announcement.

Sunday, Bloomberg told CBS, Face the Nation “We’re not banning anything… It’s called portion control.”

However opponents argued the Bloomberg ban wouldn’t affect beverages sold in grocery or convenience stores, and that made it “terribly unfair” to the businesses adversely affected.