An "Eleventh Hour" decision by New York Supreme Court Justice Milton A. Tingling, has effectively stopped the NYC "Soda Ban" law from going into effect on March 12, 2013. Accordingly, it will be business as usual in the NYC restaurant industry.
In its decision, the court stated as follows:
"The Rule is nevertheless fraught with arbitrary and capricious consequences. The simple reading of the Rule leads to the earlier acknowledged uneven enforcement even within a particular City block, much less the City as a whole. Furthermore, as previously discussed, the loopholes in this Rule effectively defeat the stated purpose of the Rule. It is arbitrary and capricious because it applies to some but not all food establishments in the City, it excludes other beverages that have significantly higher concentration of sugar sweeteners and/or calories on suspect grounds, and the loopholes inherent in the Rule, ... defeat and/or serve to gut the purpose of the Rule."
It is a virtual certainty that this decision will be appealed, still leaving the future of this law uncertain.
Long Island Lawyer
Paul A. Lauto, Esq.