Today was supposed to be New York City’s official day living under the sugary drink ban Mayor Bloomberg tried to impose. Many residents and business owners now owe Justice Milton A. Tingling Jr. a Big Gulp. Justice Tingling blocked Bloomberg’s ban on sodas citing the ban to be “arbitrary and capricious.” Tingling also noted that the laws weren’t fair or balanced because it didn’t apply to all sugary beverages. Although sodas were targeted, other beverages like milkshakes were left out. And what about those Venti or Trenta-sized Starbuck drinks? I’m quite certain they’re filled with sugar, too. The judge also noted that the law would only be enforced in certain businesses, like restaurants and delis, but left out stores and bodegas.
But Bloomberg doesn’t have time for that. With his term coming to an end soon, this is the one law that he would like to see passed, so he’s planning on appealing the judge’s decision.
“I’ve got to defend my children and yours, and do what’s right to save lives,” the mayor said. “Obesity kills. There’s no question it kills.”
He added, “We believe that the judge’s decision was clearly in error, and we believe we will win on appeal.”
How old are Bloomberg’s children? Isn’t he like 80?
Bloomberg is 71, and his children were born in 1979 and 1983, making them both adults, adults that should be able to decide for themselves if they want to down a Big Gulp or not.
Throughout his term, Bloomberg has been criticized for taking on a nanny role in conjunction with being a mayor. Justice Tingling expressed similar sentiments, referring to Bloomberg’s efforts to “create an administrative Leviathan.”
Christopher Gindlesperger, a spokesman for the American Beverage Association, said that the court decision “provides a sigh of relief.”
“With this ruling behind us, we look forward to collaborating with city leaders on solutions that will have a meaningful and lasting impact on the people of New York City.”
Still, Bloomberg might never see his law passed because the appeals process could be a lengthy one. So until then, New Yorkers, you are free to drink soda and be merry.