In a decision that took place just one day before the ban was to go into effect, Justice Milton Tingling agreed with the plaintiff's arguments that controlling soda content created a conflict between the power of the state, and a consumer's right to personal liberty.
"A judge has invalidated Mayor Bloomberg's controversial plan to ban large sugary drinks from restaurants and other eateries, one day before the new law was to take effect.
State Supreme Court Justice Milton Tingling in Manhattan ruled the new regulation was “arbitrary and capricious” and declared it invalid, after several soda and business groups had sued the city challenging the ban.
Beverage manufacturers and business groups had called the law an illegal overreach that would infringe upon consumers' personal liberty. - NY Daily News"
The ban on soda's sold in quantities over 16 ounces is but one of several initiatives and regulations being pushed by Mayor Bloomberg during his third term in office. Besides limiting the size of soft drinks that can be sold in retail establishments or restaurants, Mayor Bloomberg is also promoting a ban on Styrofoam and even the right for citizens to smoke in their own residences.
Today's ruling by Justice Tingling may have a greater effect on the mayor's ability to legislate through regulation than simply overturning a ban on soda sizes. With the focus of the judge's ruling being on protecting consumer rights, and the liberty for each person to determine their own choices in what they purchase and consumer, the end result may be a serious curtailing of several activist causes Mayor Bloomberg has scheduled, which could effect the rights of New York City citizens.