Theater Owners Celebrate Victory Over Bloomberg Soda Ban

Theater Owners Celebrate Victory Over Bloomberg Soda Ban

March 11, 2013 - 09:42 PM

Theaters owners are “elated” over a court ruling blocking Mayor Michael Bloomberg’s ban on the sale of sugary drinks 16 oz. and larger in New York City.

In His decision, handed down one day before the proposed ban was take effect, Supreme Court Judge Milton Tingling said the city’s health department had overstepped its authority. Bloomberg had championed the law in an effort towards controlling obesity.

The prohibition would have been a major blow for theater owners, who can see a profit of up to 85 percent on concession sales. The New York office of the National Association of Theater Owners was a party to the lawsuit opposing the ban.

“We are elated with today’s decision. This issue was never about obesity, nor about soda. This was all about power. The Court rejected the Mayor’s attempt to unilaterally tell New Yorkers what to drink, and where to drink it,” NATO said in a statement.

“We are pleased that the Court’s decision shows that serious problems like obesity cannot be addressed by the imposition of an arbitrary and porous Mayoral fiat. Greater education, awareness, and collaboration with all stakeholders will make a far greater impact than any unpopular and unfair executive decree,” the statement continued.

Judge Tingling added that the way the soda ban was pushed into law “eviscerate(s)” the separation of powers and the judge finds that “to be more troubling than sugar sweetened beverages.”

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