A state judge has invalidated the Bloomberg administration's sugary drink restriction that was set to go into effect tomorrow. According to the Wall Street Journal, New York Supreme Court Judge Milton Tingling, Jr. (as in, "Hot DAMN that Vanilla Lychee Cherry Marzipan Dr. Pepper is tingling my tongue") ruled that the regulations are "fraught with arbitrary and capricious consequences," presumably after he repeatedly dabbed the edges of his mouth with a handkerchief and muttered that the whole damn thing is "Highly unorthodox!"
We've contacted the Mayor's Office and the Law Department for comment, and will update when we hear back.
[UPDATE] The Mayor's Office tweets that the City plans to appeal:
We plan to appeal the sugary drinks decision as soon as possible, and we are confident the measure will ultimately be upheld.
— NYC Mayor's Office (@NYCMayorsOffice) March 11, 2013
The mayor has scheduled a press conference to discuss the ruling at 5:30 p.m., and his pre-taped interview with David Letterman is supposed to air after the show's 11:35 p.m. start. Bloomberg had planned on holding a press conference tomorrow morning celebrating the enactment of the rule.
Health Department Commissioner Thomas Farley said in a statement:
“Without a portion cap on sugary drinks, it would be harder to tackle an obesity epidemic that kills more New Yorkers than anything other than smoking and causes misery for many thousands more who suffer from heart disease, diabetes and other debilitating illnesses. Sugary drinks are a leading cause of this epidemic. Today’s decision threatens the health of New Yorkers, but we are confident that we will win on appeal.”
And the American Beverage Association, one of the petitioners in the suit, says they're breathing a "sigh of relief":
“The court ruling provides a sigh of relief to New Yorkers and thousands of small businesses in New York City that would have been harmed by this arbitrary and unpopular ban. With this ruling behind us, we look forward to collaborating with city leaders on solutions that will have a meaningful and lasting impact on the people of New York City.”
Here's Judge Tingling's ruling: