Mayor Michael Bloomberg's gambit to ban large sugary drinks in restaurants and other venues was dealt a stinging judicial defeat Monday, marking a major political and legal setback for a mayor who has placed bans on smoking and other public health policies at the center of his three terms in office.

New York state Supreme Court Judge Milton Tingling declared invalid Mr. Bloomberg's plan to prohibit restaurants, mobile food carts, delis and concessions at movie theaters, stadiums or arenas from selling sugary drinks in cups or containers larger than 16 ounces. The ban was set to begin Tuesday.

At a late afternoon news conference, Mr. Bloomberg and the city's top lawyer, Michael Cardozo, said they believed the judge erred in his ruling. (Read full text of the ruling) The city is planning to appeal and Mr. Bloomberg said he has no plans to bring the measure before the City Council.

'It would be irresponsible not to try to do everything we can to save lives,' said Mr. Bloomberg, who earlier in the day called for jurisdictions across the nation to follow suit.

Judge Tingling determined that Mr. Bloomberg exceeded his authority by sidestepping the City Council and placing the issue before the city's Board of Health, a panel whose members were each appointed by the mayor.

Rick Hills, a law professor at New York University, said, 'There's a sense that Bloomberg has an imperialdisdain for the City Council, and this ruling says 'no more rule by mayoral decree.''

The mayor has gone through the City Council first with some of his health initiatives but not with all of them.

In 2006, the Board of Health banned the use of artificial trans-fats in foods and required the posting of calorie counts at chain restaurants. The board's storied history also includes banning lead paint and requiring fluoride to be included in drinking water.

'Our Board of Health has always been a pioneer,' Mr. Bloomberg said. 'It has always been ahead of the curve, and you would expect nothing less from this city.'

Judge Tingling wrote that the regulations would 'not only violate the separation of powers doctrine, it would eviscerate it.'

'Such an evisceration has the potential to be more troubling than sugar sweetened beverages,' he wrote.

The judge ruled the regulations are 'fraught with arbitrary and capricious consequences,' noting how there would be unevenenforcement within a single city block. The regulations didn't affect the Big Gulp at 7-11 because supermarkets and convenience stores are regulated by the state, not the city.

MICHAEL HOWARD SAUL

• supreme [su:´pri:m, sju:-]   a.最高的，无上的   (初中英语单词)
• conference [´kɔnfərəns]   n.讨论(会)；会谈   (初中英语单词)
• lawyer [´lɔ:jə]   n.律师；法学家   (初中英语单词)
• measure [´meʒə]   n.量度；范围 vt.测量   (初中英语单词)
• imperial [im´piəriəl]   a.帝国的；庄严的   (初中英语单词)
• artificial [,ɑ:ti´fiʃəl]   a.人工的；模拟的   (初中英语单词)
• doctrine [´dɔktrin]   n.教义；主义；学说   (初中英语单词)
• affect [ə´fekt]   vt.影响；感动；假装   (初中英语单词)
• prohibit [prə´hibit]   vt.禁止；阻止   (高中英语单词)
• appeal [ə´pi:l]   vi.&n.请求；呼吁；上诉   (高中英语单词)
• disdain [dis´dein]   vt.&n.藐视，轻视   (高中英语单词)
• separation [,sepə´reiʃən]   n.分离；分开；分居   (高中英语单词)
• potential [pə´tenʃəl]   n.&a.潜在的；可能的   (高中英语单词)
• convenience [kən´vi:niəns]   n.方便；适当的机会   (高中英语单词)
• judicial [dʒu:´diʃəl]   a.法庭(官)的，审判的   (英语四级单词)
• invalid [in´vælid]   n.病人 a.无效的   (英语四级单词)
• violate [´vaiəleit]   vt.违背；冒犯；侵害   (英语四级单词)
• arbitrary [´ɑ:bitrəri]   a.任意的；专断的   (英语四级单词)
• uneven [ʌn´i:vən]   a.崎岖的；不匀的   (英语四级单词)
• enforcement [in´fɔ:smənt]   n.实施，执行   (英语四级单词)
• calorie [´kæləri]   n.卡(热量单位)   (英语六级单词)