New York Mayor Michael Bloomberg just won’t take no for an answer. The feisty mayor some have labeled New York’s Nanny, is asking appeals judges to take another look at, and finally reinstate the New York Health Department’s ban on supersized, high-calorie, beverages. The original ban was struck down by a Manhattan judge just one day before the ban was to become operative on March 11.
At the time of the decision striking down the drink ban the city promised to appeal the ruling made by State Supreme Court Justice Milton Tingling. The judge stated that the ban was arbitrary, applying only to drinks larger than 16-ounces and only some sugary drinks and certain shops that sell them.
“The loopholes in this rule effectively defeat the stated purpose of this rule,” Tingling wrote in his ruling. The beverage industry, restaurants and other business groups saw the ruling as a victory over a ban that they believe was unfair.
Tingling also stated that the Board of Health-appointed by the mayor-overstepped its authority over the City Council when it forced the ban upon it.
The city’s appeal will refute those points, and states:
“The rule is designed to make consumption of large amounts of sugary drinks a conscious and informed choice by the consumer,” it said. “Thus, although a consumer is free to consume more than 16 ounces by ordering a second drink, getting a refill, or going to another store, he or she will be making an informed choice.”