The city is asking a state appeals court to overturn a judge's ruling earlier this month rejecting Mayor Michael Bloomberg's controversial plan to limit the size of sugary soft drinks.
In a brief filed Thursday, attorneys for the city challenged the March 11 decision by Judge Milton A. Tingling Jr.
Tingling said the Health Board—which is appointed by the mayor—overstepped its authority by issuing a rule-change, rather than going through the City Council and passing a new law. The city in its brief maintained the Health Board has the power to craft such regulations and said Tingling "erred" in his reading of the city charter. City attorneys also challenged Tingling's description of the soda size rule as "arbitrary and capricious," arguing that it is a reasonable and limited response to the obesity epidemic.
The city's opponents have 30 days to respond. Arguments in the appeals court are expected to take place in early June.