(New York) City Argues to Overturn Ruling That Prevented Limits on Sugary Drinks
One justice asked if the city might limit scoops of ice cream. Another posed repeated questions about the nutritional content of an average milkshake. A lawyer, possibly hungered by the proceedings, raised the issue of steak size at Peter Luger.
Three months after a state court judge barred New York City from limiting the sale of large sugary drinks, the administration of Mayor Michael R. Bloomberg was back in the courtroom on Tuesday, asking an appellate court to approve the rules.
The city is racing against the clock: Mr. Bloomberg’s final term ends in less than seven months, and many of the politicians vying to succeed him are lukewarm about the soda plan, suggesting they might drop the case once Mr. Bloomberg leaves City Hall.
The case pits the city, which argues that a prohibition on high-calorie beverages is an innovative way to fight obesity, against the soft drink industry, which says the restrictions are a bureaucratic overreach approved without legal authority.
No ruling was issued on Tuesday, but there were some signs that the administration, which has seen several marquee initiatives struck down by the courts, could have a hard time trying to salvage this one.
The city’s lawyer came under a barrage of skeptical questions from four justices of the First Department of the Appellate Division, a midlevel state appellate court, who appeared puzzled by the array of exemptions and caveats written into the rule.
fulll: http://www.nytimes.com/2013/06/12/nyregion/bloomberg-presses-for-reversal-of-court-ban-on-sugary-drink-limits.html
TYT had a HEATED debate about this law back in July 2012:
See also TYT's March 2013 take on the suspension of the law:
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