The judge also found that the ban applied only to certain establishments, and did not apply to all sugary drinks.
"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 concentrations of sugar sweeteners and/or calories on suspect grounds, and the loopholes inherent in this rule, including but not limited to no limitations on refills, defeat and/or serve to gut the purpose of the rule."
Boards of health are supposed to protect the public. They are supposed to inspect restaurants to make sure the food is fixed and served under sanitary conditions.
But mayors and boards of public health are not supposed to limit serving sizes. That's between the customer and the restaurant.
As Tingling observed, "One of the fundamental tenets of democratic governance here in New York, as well as throughout the nation, is the separation of powers. No one person, agency, department or branch is above or beyond this."
This limit on whimsical executive actions is wise.
Obesity may be a problem in New York, but the biggest threat in the city is the supersized ego of its mayor.