drinks

Conservatives celebrated a blow to the “nanny state” on Monday as a state judge stopped Mayor Michael Bloomberg (I) from banning large sugary drinks in New York City.

New York Supreme Court Justice Milton Tingling blocked the ban on large sodas less than 24 hours before it was set to take effect, calling it “fraught with arbitrary and capricious consequences.” He said it was an “administrative Leviathan” that would “eviscerate” the separation of powers in the state.

The ruling was a major victory for the beverage industry, which joined with local retailers to file the legal challenge.

“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 said in a statement.