Industry Groups Ask Judge to Temporarily Halt NYC Large Drink Ban

Restaurant and beverage industries want to avoid having to spend money to comply with a prohibition that might not continue.

February 22, 2013

NEW YORK - The American Beverage Association and the National Restaurant Association, along with other groups, filed an Article 78 proceeding against the New York City over whether the ban on large soft drinks is legal. As part of that filing, the groups have asked a judge to temporarily stop implementation of the prohibition against sugary beverages bigger than 16 ounces from restaurants, movie theaters and street vendors, Reuters reports.

The temporary injunction request comes as businesses express concern over spending funds to comply with a ban that might be overturned. The ban will be enacted March 12, but city officials have indicated no fines would be levied until June.

Manhattan Supreme Court Justice Milton Tingling heard the plea from James Brandt, the plaintiff€™s lead attorney. Brandt pointed out that businesses would have huge costs to follow the ban, such as reconfiguring bottling facilities, store layouts and new menus. Brandt asked that Tingling issue a ruling to keep the status quo until he rules on the Article 78 filing.

"Every single dollar that's spent between now and the time this court rules will have been 100% wasted if the court strikes the ban down," said Brandt. Tingling gave no indication of when he would issue his decision on the injunction request or Article 78.

Last month, the NAACP and the Hispanic Federation teamed up to block the ban.

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