A Manhattan state Supreme Court judge, Milton Tingling, struck down New York City Mayor Bloomberg’s ban on larger sized soda sales mostly on grounds that the ban was arbitrary and would only be selectively enforced. The city was going to issue warnings to retailers, but then start $200 fines for violations starting in June. Mayor Bloomberg tried to claim that the larger sized soda ban was somehow in the interests of public health, but the judge’s ruling acts as a setback to those efforts for government to force citizens to comply with whatever arbitrary laws they seek to write.
Mayor Bloomberg claims that he will appeal the ruling, however a full state court will likely only agree with the ruling or may even decide to broaden the ruling, involving other legal grounds.
Lawyers for the beverage industry as well as many retailers and consumers were understandably pleased with the ruling. Many in NYC were critical of the mayor’s drink ban as overreaching “nanny state” politics of the very worst variety.