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New York City’s Ban on Big Sodas Fizzles — Theater Owners Rejoice

The New York State Court of Appeals decided not to reinstate the law on Thursday

Soft drink-loving New Yorkers can celebrate with a Big Gulp, or three because the city’s so called “soda ban” was struck down on Thursday.

In a 4-2 decision, the New York State Court of Appeals decided not to re-institute the ban on sugary soft drinks larger than 16 ounces. The law was originally enacted by former Mayor Michael Bloomberg in March of 2013, and overturned by a lower court four months later.

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“[The ban] exceeded the scope of [the city’s Board of Health’s] regulatory authority,” wrote Judge Eugene F. Pigott Jr., in his 20-page decision. As TheWrap reported last year, the fate of the soda ban has been in the hands of various courts since last June.

While soda makers most likely view this as a victory, they aren’t the only ones.

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“I guess you can fight City Hall.” The National Association of Theatre Owners said in a statement obtained by TheWrap. “This victory is not about soda, nor about obesity. It is about the allocation of power, and whether the executive branch can legislate … We are pleased that the Court rejected Mayor Bloomberg’s gimmicky and unconstitutional attempt to impose an arbitrary and unfair executive decree. However, the sad reality is that this fight took over two years, while the obesity crisis continues.”

Current Mayor Bill de Blasio disagreed, saying he was “extremely disappointed” by the ruling, according to the New York Times.

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After the soda ban originally fizzled in July of 2013, New York’s Health Department cautioned it could lead to a rise in diabetes among the city’s residents.

“Diabetes is a condition that too many people live with and die from,” Health Commissioner Dr. Thomas Farley had said. “It is linked to our epidemic of obesity, and like obesity, it can be prevented.”

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