In the Matter of NEW YORK STATEWIDE COALITION OF HISPANIC CHAMBERS OF COMMERCE et al., Respondents,
v.
NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE et al., Appellants.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Latham & Watkins, LLP, Washington, D.C. ( Richard P. Bress of the bar of the District of Columbia, admitted pro hac vice, of counsel), for respondents, and James E. Brandt , New York City, for The American Beverage Association, respondent.
Mololamken LLP, New York City ( Steven F. Molo and Ben Quarmby of counsel), for The New York Statewide Coalition of Hispanic Chambers of Commerce and another, respondents.
Rivkin Radler, LLP, Uniondale ( Evan H. Krinick , Barry I. Levy and Brian L. Bank of counsel), for Soft Drink and Brewery Workers Union, Local 812, International Brotherhood of Teamsters, respondent.
Reese Richman LLP, New York City ( Kim E. Richman of counsel), for The National Alliance for Hispanic Health and others, amici curiae.
Bromberg Law Office, P.C., New York City ( Brian L. Bromberg of counsel), for The National Association of Local Boards of Health and others, amici curiae.
King & Spalding LLP, New York City ( Ann M. Cook of counsel), for The New York State Conference of the National Association for the Advancement of Colored People and others, amici curiae.
Featherstonhaugh, Wiley & Clyne, LLP, Albany ( James D. Featherstonhaugh of counsel), for The Business Council of New York State, Inc. and others, amici curiae.
Order, Supreme Court, New York County, entered March 11, 2013, affirmed, without costs.
Appellate Division of the Supreme Court of New York, First Department.
OPINION OF THE COURT
RENWICK, J.
In this hybrid CPLR article 78/declaratory judgment proceeding, we are called upon to decide the constitutionality of the New York City Board of Health's Sugary Drinks Portion Cap Rule. The Sugary Drinks Portion Cap Rule, dubbed the "Soda Ban," prohibits New York City restaurants, movie theaters and other food service establishments...
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