Just one day before it was set to begin, a judge has rejected New York City's ban on large sugary soft drinks calling it "arbitrary and capricious."  It would have required New York City restaurants to serve soft drinks no larger than 16 ounces.  The judge said while it would have applied only to some sweet beverages and only at some places, the loophole effectively defeated the purpose of the law.

Mayor Michael Bloomberg has been pushing for the ban almost single-handedly and its been opposed by the beverage industry, movie theatres and small businesses ever since.  Movie theatre owners say beverage sales account for 20 percent of their business and by restricting cup sizes it's restricting profits.

I understand Bloomberg's intent, but you can't force people to slim down.  Targeting soft drinks is so random it makes you wonder if this law was allowed to be implemented what's next?  You can only be allowed to buy one candy bar at a time?  How about salty snacks?  Is a law allowing only 17 potato chips a day around the corner?  Is the Burger King Whopper just too big a sandwich for one person to eat?

The soda restriction opens up a slippery slope from which there's no return.  Finally, somebody came to their senses.

Bloomberg and company plan to appeal the court ruling.  Of course, could you imagine him doing otherwise?