UPDATE, 3:18 PM: The National Association of Theater Owners says it’s “elated” by the decision. “This issue was never about obesity, nor about soda,” the group says. “This was all about power.” Indeed, the group refers to Mayor Michael Bloomberg’s anti-obesity initiative as “an arbitrary and porous Mayoral fiat.” NATO adds that education and “collaboration with all stakeholders” would be more effective than an “unpopular and unfair executive decree.”

PREVIOUS, 12:31 PM: Movie theater owners in the Big Apple won’t have to limit themselves to serving small sodas. New York Supreme Court Judge Milton Tingling enjoined the city on Monday from implementing the law that was due to take effect tomorrow that would bar food sellers regulated by the Board of Health from selling sugared drinks in portions larger than 16 ounces.The rule would apply to restaurants, theaters, and workplace cafeterias, but not supermarkets and convenience stores. It also exempts diet sodas, alcohol, and fruit juices. The regulations are “fraught with arbitrary and capricious consequences,” the judge said, according to a Wall Street Journal report. He cited provisions that could lead to “uneven enforcement even within a particular city block, much less the city as a whole.” Mayor Michael Bloomberg favored the rule as part of his effort to fight obesity. His office says that it will appeal today’s decision “as soon as possible” adding that it’s “confident the measure ultimately will be upheld.” The National Association of Theatre Owners‘ New York State operation vigorously opposed the NYC law. Concessions account for more than 25% of a typical theater’s revenues, according to SNL Kagan estimates.

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