Argument Opposing the Ban
The primary argument against the beverage ban is that it violates the fundamental autonomy and freedom of personal choice. Critics argue that in that respect, it is no different from prohibiting the consumption of a maximum amount of calories or banning sunbathing, because the former also contributes to obesity and because the latter is known to cause sin cancers that are sometimes deadly and that are also typically treated at the public's expense. The other main argument against the measure is that the Mayor circumvented the legislative process by implementing it through the Department of Health instead of through the City Council.
The Basis of the Legal Decision
In striking the law down, the State Supreme Court characterized the proposed law as "arbitrary" because it applied only establishment regulated by the city and not to supermarkets or chain stores...
Moreover, the decision also noted that the law can easily be circumvented because it does not prohibit customers from obtaining unlimited refills, even within business establishments where it applies. The decision suggested that whatever the value of promoting better dietary choices, a legal prohibition on the size of cups in which beverages can be dispensed is not the appropriate means of accomplishing that objective. Ultimately, the issue will almost certainly be heard by the New York State Court of Appeals.
Source Consulted
Saul, M.H. (2013). "Judge Cans Soda Ban: Ruling on Sugary Drinks Marks Rare Defeat
on Health Policy for Bloomberg." The Wall Street Journal (March 11, 2013).
Retrieved online: http://online.wsj.com/article/SB10001424127887323826704578354543929974394.html
