City to Appeal Large Soda Ban Ruling

The city plans to appeal a judge's ruling in March on Mayor Michael Bloomberg's large sugary drinks ban.

A judge blocked the ban one day before it was scheduled to go into effect on the grounds that it was "arbitrary and capricious."

The city's appeals court will hear arguments from the city on Tuesday against the judge's decision to block the ban.

A spokesman for Councilman Dan Halloran, R-Whitestone, said he hopes the appellate division will uphold the judge's ruling.

"Aside from nanny state interference into people's lives, it's really about the democratic process," said the spokesman for Halloran, who had blasted Bloomberg's proposed ban. "The issue is whether an agency can circumvent the people's elected representatives in the City Council. If another leftist is elected mayor this year, we can expect more of this."

Bloomberg's ban would have prevented restaurants, move theaters and delis from selling sugary drinks larger than 16 ounces.