New York Statewide Coalition of Hispanic Chambers of Commerce et al v The New York City Department of Mental Health and Hygiene et al - Index No 653584-12 - 11 March 2013
Country
Year
2013
Summary
In New York Statewide Coalition of Hispanic Chambers of Commerce, et al v. The New York City Department of Mental Health and Hygiene et al (Index No. 653584/12, March 11, 2013), the New York State Supreme Court, New York County, permanently enjoined the New York City Board of Health’s Rule banning sales of large sodas in New York City (1) as “arbitrary and capricious in consequence,” as well as (2) on “separation of powers” grounds for regulation of a subject matter properly within the legislative purview of the New York City Council rather than the administrative competence of an administrative agency, the Board of Health, and the Mayor.