New York state Supreme Court Judge Milton Tingling declared Mayor Michael Bloomberg’s soda ban invalid late Monday. The soda ban would have prohibited 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.

“This serves as a major blow to Mayor Michael Bloomberg’s incessant finger wagging,” said J. Justin Wilson, senior research analyst at the Center for Consumer Freedom. “The court confirmed what most New Yorkers already know: They don’t need a government regulator to dictate their diet choices. New Yorkers should celebrate this victory by taking a big gulp of freedom.”