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NYC Wants To Appeal The Ban On Bloomberg's "Unconstitutional" Soda Ban
By
Jen Chung
Published Aug 5, 2013
Modified Aug 5, 2013
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By
Jen Chung
Published Aug 5, 2013
Modified Aug 5, 2013
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Last week, a NY appellate court found that Mayor Bloomberg's ban on sugary drinks over 16 ounces was unconstitutional, claiming that his administration overstepped its power. After the ruling was announced, Bloomberg declared, "Today’s decision is a temporary setback, and we plan to appeal this decision as we continue the fight against the obesity epidemic"—and now we have the move for an appeal!
The NYC Law Department is asking the NY State Court of Appeals, the highest court in the state, to review the case, pointing out the Department of Health is allowed to act in significant ways to protect New Yorkers' health. According to the Law Department, "In its papers, the City asks that an appeal be handled on an expedited basis and notes a recent American Medical Association study showing the deadly, and irreversible health impacts of obesity and Type 2 diabetes, both of which are linked to consuming sugary drinks."
NYC Corporation Counsel Michael Cardozo said, "This is a pressing public health matter that deserves careful review by the state's highest court. The Board of Health must be able to combat the growing obesity epidemic, and there is clear precedent for the Board to have that authority."
Sugary Drinks Motion for Leave to Appeal
Tagged
big soda
court of appeals
mayor bloomberg
soda ban
Jen Chung
Jen Chung is a former WNYC and Gothamist editor.
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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