Mayor Bloomberg’s effort to prohibit the sale of large-sized sodas and other sugary drinks has concluded, as the New York Appellate Division recently upheld a lower court’s decision to block the legislation. Joseph Tacopina and other legal experts have noted the significance of this ruling, which was originally proposed by the Board of Health.
According to the NY Law Journal, the Appellate Division based its decision on the separation of powers principle. The Court reasoned that the Board of Health, which is the enforcing arm of the law, could not unilaterally adopt a new policy without the advice and consent of the City Council.
The decision was met with support from The Hispanic Chambers of Commerce, the New York Korean-American Grocers Association, the Soft Drink and Brewery Workers Association, International Brotherhood of Teamsters Local 812, the National Restaurant Association, the National Association of Theatre Owners of New York State, and the American Beverage Association, all of whom would have been adversely affected with the implementation of the policy.
Do not, however, be surprised if attempts to ratify a large-sized soda ban continue. Notice that the ruling does not leave the proposed regulation dead in the water. Joseph Tacopina and other legal experts suggest that it may still be possible for the Board of Health to implement a restriction if the City Council agrees to create legislation to that effect. It is as yet unclear whether a new law will be implemented. For more information about administrative law and civil statutes that affect your life, contact an attorney experienced in handling cases involving government deprivation of constitutional rights.