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The city's plan to ban the sale of soda and other sugary drinks in containers larger than 16 ounces in certain establishments is indeed a case of executive branch overreach, the state Supreme Court Appellate Division ruled Tuesday.
The decision upholds the March findings of state Supreme Court Justice Milton Tingling, who ruled in a suit brought by business associations that the prohibition is arbitrary and capricious and that the city Board of Health has no authority to "limit or ban a legal item under the guise of 'controlling chronic disease,'" and only the City Council could do that.
Both in the court of public opinion and in an actual court of law, the ruling this week was that Mayor Bloomberg has overreached again.
It’s hardly surprising for someone who’s at the top of both the financial and political worlds, serving his third term as New York’s mayor and having about $27,000,000,000 in personal wealth. But that doesn’t mean he should be allowed to get away with it.
The city's planned prohibition on sugary drinks larger than 16 ounces in venues it regulates was blocked in court Monday — the day before it was to take effect.