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**Written by Doug Powers

Not so fast.

The “portion control” movement takes a hit:

A state judge on Monday stopped Mayor Bloomberg’s administration from banning New York City restaurants and other venues from selling large sugary drinks, a major defeat for the mayor who has made public a health initiatives a cornerstone of his tenure at city Hall.

The city is “enjoined and permanently restrained from implementing or enforcing the new regulations,” New York Supreme Court Judge Milton Tingling decided Monday.

The regulations are “fraught with arbitrary and capricious consequences,” the judge wrote. “The simple reading of the rule leads to the earlier acknowledged uneven enforcement even within a particular city block, much less the city as a whole….the loopholes in this rule effectively defeat the state purpose of the rule.”

Oddly enough, I think Bloomberg has two yachts named “Arbitrary” and “Capricious.”

Now the city’s stuck with a bunch of 17-ounce inspection cups that the mayor will probably have converted into three bedroom loft apartments.

**Written by Doug Powers

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