Business Council Opposes New York City Beverage Ban

Files Amicus Brief with State's Appellate Court

ALBANY, NY (05/02/2013)(readMedia)-- The Business Council of New York State, Inc. has joined a diverse coalition of business groups and elected officials in filing amicus briefs with the state's Appellate Court in opposition to the New York City beverage ban.

"Banning beverages would adversely impact many of New York City's small businesses," said Heather Briccetti, president and CEO of The Business Council. "The ban is arbitrary, creates an unfair playing field among businesses and imposes new restrictions on businesses and consumers alike."

The Business Council's amicus brief is in response to the city's appeal of the March 11th New York Supreme Court decision that struck down the ban before it was implemented. Since that time, city attorneys have appealed the ruling.

"Our brief reiterates arguments made at the trial level – the soda ban was adopted by the city's Board of Health without the delegated authority to do so," continued Briccetti. "We believe it is important to continue to express our concerns during the appeals process, and are pleased to be part of a large, diverse coalition in opposing the beverage ban."

The case is now pending before the New York Supreme Court, First Appellate Division. A hearing is set for June 11, 2013.

The Business Council, along with the following groups and individuals, filed amicus briefs in opposition to the ban on April 25, 2013:

1. U.S. Chamber of Commerce

2. Manhattan Chamber of Commerce

3. Staten Island Chamber of Commerce

4. Greater Harlem Chamber of Commerce

5. National Federation of Independent Businesses

6. National Black Chamber of Commerce

7. National Association of Manufacturers

8. New York Association of Convenience Stores

9. The Food Industry Alliance of New York State

10. Bodega Association of the United States

11. New York Hospitality Alliance

12. National Supermarket Association

13. NAACP New York State Conference

14. Hispanic Federation

15. Mexican American Grocers Association

16. U.S. Hispanic Chamber of Commerce

17. The Street Vendor Project

18. Councilmember Letitia James

19. Councilmember Annabel Palma

20. Councilmember Oliver Koppell

21. Councilmember Debbie Rose

22. Councilmember Robert Jackson

23. Councilmember Melissa Mark-Viverito

24. Councilmember Diana Reyna

25. Councilmember Julissa Ferreras

26. Councilmember Mark Weprin

27. Councilmember Charles Barron

28. Councilmember Fernando Cabrera

29. Councilmember Helen Foster

30. Councilmember Peter Koo

31. Councilmember Rosie Mendez

32. Councilmember Ydanis Rodriquez

33. Councilmember Karen Koslowitz

34. Councilmember Vincent Gentile

35. Councilmember Michael Nelson

36. Councilmember Dan Garodnick

37. Councilmember Leroy Comrie

38. Councilmember Donovan Richards

39. Councilmember Maria Del Carmen Arroyo

40. Councilmember Darlene Mealy

###