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Sugary drink ban found unconstitutional
NEW YORK (NEWSCHANNEL 3) - A ban on sugary drinks in the Big Apple has fallen flat again.
On Tuesday the New York Appeals Court upheld a lower court decision blocking the controversial ban.
The appellate court ruled the city's board of heath over-stepped its powers last September when it moved to ban sugary drinks of more than 16 ounces in restaurants and other venues.
Mayor Michael Bloomberg, who pushed for the legislation, claims the ban will crack down on obesity.
He says he plans to appeal.