NYC Appeals Soda Ban Ruling

City acts fast on ban that would have taken effect Tuesday

New York City took just a day to appeal to a higher court after a judge shot down the Bloomberg administration's proposed ban on sugary sodas bigger than 16 ounces.

The ban has pitted theater and stadium owners against health officials and people who see the limits on sugar consumption as an attack on their person liberties. Hollywood is paying attention to the legal wrangling because concessions sales are so important to theater chains' revenues.

Mayor Michael Bloomberg argues that he is trying to stop an obesity epidemic that is especially hurting New York's children. Critics say he is trying to create a nanny state.

Bloomberg's previous health initiatives includeded a ban on smoking in bars, a ban on trans fats in city eateries, and requiring chains to post calorie counts on their menus. New York aims to lead the way in encouraging other cities to crack down on unhealthy behavior.

In the city's appeal Tuesday, it said simply, "The Supreme Court decision is contrary to law."

Despite its name, the city's Supreme Court does not have the last word on the issue in New York. Manhattan Supreme Court Justice Milton Tingling shot down the ban, and city attorneys are appealing to the court's appelate division.

Pamela Chelin contributed to this story.