Today, the New York Supreme Court Appellate Division ruled that the proposed New York City soda ban was unconstitutional via a unanimous decision. The measure, introduced by Mayor Michael Bloomberg last year, would've prohibited the sale of drinks exceeding 16 ounces at restaurants and movie theaters. Back in March, New York City Supreme Court Justice Martin Tingling gave the ban the Mutombo Finger wag.

If you know anything about Mayor Bloomberg, it's that he ain't the quitting type. His unholy war rages on:

Since New York City’s ground-breaking limit on the portion size of sugary beverages was prevented from going into effect on March 12th, more than 2,000 New Yorkers have died from the effects of diabetes. Also during that time, the American Medical Association determined that obesity is a disease and the New England Journal of Medicine released a study showing the deadly, and irreversible, health impacts of obesity and Type 2 diabetes - both of which are disproportionately linked to sugary drink consumption. Today’s decision is a temporary setback, and we plan to appeal this decision as we continue the fight against the obesity epidemic.

Aside from the obvious abuse of power that the ban presented, Reuters says that the courts couldn't get past the holes in the proposed legislation. Businesses like 7-Eleven, which proudly peddles all 64 ounces of its Big Gulp, were exempt from the ban. Not exactly fair.

Despite the latest setback, Bloomberg & Co. will keep fighting. Believe that.

[via Reuters and Gothamist]