While many New Yorkers were figuring out how to go on without the "super-size" option, an Empire State judge officially knocked down regulations set to take effect Tuesday. New York State Supreme Court Judge Milton Tingling ruled Monday afternoon that the ban's language was "fraught with arbitrary and capricious consequences" for merchants. The decision was handed down after Judge Tingling approved a request by the American Beverage Association for an injunction against the mayor's new law.
Tingling called the ban unfair to small business, as Bloomberg's plan did not encompass larger chain retailers and grocers, which are regulated by Albany. The official plaintiff in the suit is the New York Statewide Coalition of Hispanic Chambers of Commerce, which advocates for many of the small business owners in the city.
Bloomberg's intentions were to curb obesity and other health concerns by compelling the public to make healthier eating and drinking choices. The City Department of Health also approved of the ban. However, a number of loopholes allowed citizens to go around the proposed ban, which would in turn cost consumers and retailers money.
Instead of having a two-liter bottle of soda delivered with a take-out order, which would be illegal under the law, consumers would have to purchase the beverages beforehand at a major retailer and order their food separately. Pubs and restaurants would be forced to toss their pitchers and tall glasses and purchase large amounts of smaller cups which in turn would be a cost likely passed to the diner.
The fine for violating the regulation would be as much as $200 per sale. There is no word yet from City Hall as to how Mayor Bloomberg will proceed following this decision.
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