Zack Hutchins
Director of Communications

For Release — May 2, 2013

Business Council Opposes New York City Beverage Ban

Files Amicus Brief with State's Appellate Court

ALBANY—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