FILE - This May 31, 2012 file photo shows a display of various size cups and sugar cubes at a news conference at New York's City Hall. A judge struck down New York City's groundbreaking limit on the size of sugar-laden drinks Monday, March 11, 2013 shortly before it was set to take effect, agreeing with the beverage industry and other opponents that the rule is arbitrary in applying to only some sweet beverages and some places that sell them. (AP Photo/Richard Drew, File)
FILE - This May 31, 2012 file photo shows a display of various size cups and sugar cubes at a news conference at New York's City Hall. A judge struck down New York City's groundbreaking limit on the size of sugar-laden drinks Monday, March 11, 2013 shortly before it was set to take effect, agreeing with the beverage industry and other opponents that the rule is arbitrary in applying to only some sweet beverages and some places that sell them. (AP Photo/Richard Drew, File)
FILE - In this March 8, 2013 file photo, customers at Brother Jimmy's BBQ call cheers with 24-ounce, left, and 16-ounce beverages, in New York. New York City's groundbreaking limit on the size of sugar-laden drinks has been struck down by a judge shortly before it was set to take effect. The restriction was supposed to start Tuesday, March 12, 2013. The rule prohibits selling non-diet soda and some other sugary beverages in containers bigger than 16 ounces. It applies at places ranging from pizzerias to sports stadiums, though not at supermarkets or convenience stores. (AP Photo/Bebeto Matthews)
FILE - In this March 8, 2013 file photo, a Coca-Cola poster about the city's anticipated beverage ban is displayed at a pizza shop at New York's Penn Station. New York City's groundbreaking limit on the size of sugar-laden drinks has been struck down by a judge shortly before it was set to take effect. The restriction was supposed to start Tuesday, March 12, 2013. The rule prohibits selling non-diet soda and some other sugary beverages in containers bigger than 16 ounces. It applies at places ranging from pizzerias to sports stadiums, though not at supermarkets or convenience stores. (AP Photo/Bebeto Matthews)
NEW YORK (AP) ? A judge struck down New York City's pioneering ban on big sugary drinks Monday just hours before it was supposed to take effect, handing a defeat to health-minded Mayor Michael Bloomberg and creating confusion for restaurants that had already ordered smaller cups and changed their menus.
State Supreme Court Justice Milton Tingling said the 16-ounce limit on sodas and other sweet drinks arbitrarily applies to only some sugary beverages and some places that sell them.
"The loopholes in this rule effectively defeat the stated purpose of this rule," Tingling wrote in a victory for the beverage industry, restaurants and other business groups that called the rule unfair and wrong-headed.
In addition, the judge said the Bloomberg-appointed Board of Health intruded on City Council's authority when it imposed the rule.
The city vowed to appeal the decision, issued by New York state's trial-level court.
"We believe the judge is totally in error in how he interpreted the law, and we are confident we will win on appeal," Bloomberg said. He added: "One of the cases we will make is that people are dying every day. This is not a joke. Five thousand people die of obesity every day in America."
For now, though, the ruling it means the ax won't fall Tuesday on supersized sodas, sweetened teas and other high-sugar beverages in restaurants, movie theaters, corner delis and sports arenas.
"The court ruling provides a sigh of relief to New Yorkers and thousands of small businesses in New York City that would have been harmed by this arbitrary and unpopular ban," the American Beverage Association and other opponents said, adding that the organization is open to other "solutions that will have a meaningful and lasting impact."
The first of its kind in the country, the restriction has sparked reaction from city streets to late-night talk shows, celebrated by some as a bold attempt to improve people's health and derided by others as another "nanny state" law from Bloomberg during his 11 years in office.
On his watch, the city has compelled chain restaurants to post calorie counts, barred artificial trans fats in restaurant food and prodded food manufacturers to use less salt. The city has successfully defended some of those initiatives in court.
Because of the limits of city authority and exemptions made for other reasons, the ban on supersized beverages doesn't cover alcoholic drinks or many lattes and other milk-based concoctions, and it doesn't apply at supermarkets or many convenience stores ? including 7-Eleven, home of the Big Gulp.
The rule, if upheld, would create an "administrative leviathan," warned Tingling, who was elected to the Supreme Court bench in 2001 as a Democrat.
In defending the rule, city officials point to the city's rising obesity rate ? about 24 percent of adults, up from 18 percent in 2002 ? and to studies tying sugary drinks to weight gain. Care for obesity-related illnesses costs government health programs about $2.8 billion a year in New York City alone, according to city Health Commissioner Dr. Thomas Farley.
Critics said the measure is too limited to have a meaningful effect on New Yorkers' waistlines. And they said it would take a bite out of business for the establishments that had to comply, while other places would still be free to sell sugary drinks in 2-liter bottles and supersized cups.
Beverage makers had expected to spend about $600,000 changing bottles and labels, movie theater owners feared losing soda sales that account for 10 percent of their profits, and delis and restaurants would have had to change inventory, reprint menus and make other adjustments, according to court papers.
The city had said that while restaurant inspectors would start enforcing the soda size rule in March, they wouldn't seek fines ? $200 for a violation ? until June.
Some restaurants had already ordered and started using smaller glasses for full-sugar soda, while others began experimenting with freshly squeezed juices as alternatives to soda for children's parties. Dunkin' Donuts shops have been telling customers they will have to sweeten and flavor their own coffee. Coca-Cola has printed posters explaining the rules.
The ruling "serves as a major blow to Mayor Michael Bloomberg's incessant finger-wagging," said J. Justin Wilson at the Center for Consumer Freedom, created by restaurants and food companies. "The court confirmed what most New Yorkers already know: They don't need a government regulator to dictate their diet choices. New Yorkers should celebrate this victory by taking a big gulp of freedom."
Jose Perez, a fifth-grade special education teacher in Manhattan who was getting a hot dog and can of soda from a street vendor, called the ruling "dead-on."
"Really, I think it's just big government getting in the way of people's rights," he said. "I think it's up to the person. If they want to have a giant soda, that's their business."
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Associated Press writer Deepti Hajela contributed to this story.
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Follow Jennifer Peltz at http://twitter.com/jennpeltz
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I ordered penne a la vodka with a glass of wine. I?m not a trained chef and though I love to cook, most of my training is from the Food Network. One thing, a pet peeve if you will, that bothers me about food is when the outside of the plate is decorated and in this case with shredded cheese. They gave me extra cheese in a small container, I?m not going to take it from the outside of the plate where the waitress may have touched it and put it into my food. In my opinion, it?s useless and just looks?slipshod and messy. Other than my picky pet peeve, the dish was delicious. The sauce a perfect consistency, the pasta cooked beautifully and I overall really enjoyed it. Since there were no TVs or internet inside the B&B, we spent the rest of the night playing cards and watching Netflix on a phone. I find myself so taken over by technology sometimes, it was nice to play cards and have the time to talk without distraction, even if the TV was on in the background.
He was very accommodating. ?After breakfast, we decided to head out to Windham Mountain?which was about a half hour drive away. We don?t ski nor do we snowboard but I love hanging out in that atmosphere. I would take the time to learn but it ends up being way more money that I intend to spend on a sport. After walking around and checking out the surroundings, we took a shuttle over to the Adventure Park across the street. I don?t downhill ski but it?s so difficult to live in this area and not participate in anything Winter so I usually cross-country ski or ice skate. Ice skating was closed because of the snow but there was the option to ski, snowshoe or tube. To rent and use the area, cross-country skiing was $25/pp but there is no time limit and the path is beautiful. They told us to follow the pink tags but going through the woods was challenging because of the fallen branches hidden under the recent snow. It was a great workout and added a mix of hills and flat land for an enjoyable dynamic.?For lunch, we went to the Adventure Park lodge and shared some chicken fingers and french fries and I enjoyed a well-needed hot chocolate.
