( CNN ) -- As Mayor Michael Bloomberg vowed would happen , the New York City Law Department has filed an appeal after a New York judge scrapped the city 's controversial ban on big containers of soda . `` Consistent with our desire to get a quick appellate review , the city filed its brief with the appeals court this week , '' said Fay Ng , senior counsel for the department 's appeals division , in a written statement . `` The sugary drinks proposal is an important part of the mayor 's health initiative . '' The Board of Health regulation would limit the size of drinking cups for sugary beverages to a maximum of 16 ounces at city food service establishments . The regulation was adopted in September to help lower obesity rates , but a state Supreme Court judge overturned it as `` arbitrary and capricious . '' Dozens of community groups and minority organizations signed on to friend-of-the-court , or amicus , briefs in support of the appeal , said Bloomberg , Deputy Mayor for Health and Human Services Linda I. Gibbs and Health Commissioner Thomas A. Farley , in a news release . Sugary drinks linked to 180,000 deaths worldwide . `` The organizations and individuals who have joined these amicus briefs understand the toll that obesity is taking on communities here in New York City and across the nation , '' Bloomberg said . `` Sugary drinks are a leading contributor to the obesity epidemic that is hitting low-income communities especially hard , and we can not afford to pretend otherwise . Our plan to limit the portion size of sugary drinks is a sensible step that has won increasing levels of support from the public health community . '' The city says that obesity-related illness kills more than 5,000 New Yorkers each year . `` The health consequences of obesity are dire , leading to diabetes , cancer and loss of life , '' Gibbs said . `` The real fear that today 's youth may be the first generation to live shorter lives than their parents is a call to action . '' One of the friend-of-the-court briefs , which were to be filed Friday , focuses on evidence showing a correlation between sugary drink consumption and obesity and chronic diseases , along with their disproportionate impact on underserved communities , the news release said . Some 20 % of New York City public school children are obese and another 20 % are overweight , according to the city . Latino children are twice as likely as white children to be obese ( 23.5 % vs. 12.3 % ) . `` It 's time to say enough ! ( Â¡basta ! ) and put community and children 's health first , '' said Dr. Jane L. Delgado , president and CEO of the National Alliance for Hispanic Health . 'Anti-Bloomberg ' bill stops overregulation . The limitations on cup size have provoked ridicule from some people . `` I think this is what makes liberals look like elitist bullies who think they know everything and can tell people what to do , '' Bill Maher said on his HBO show `` Real Time . '' `` You should n't have to clear what you eat with the municipal government . '' An executive with the National Restaurant Association -- which represents 500,000 restaurant businesses across the country -- called the city 's efforts at change `` heavy-handed '' and was effervescent over Bloomberg 's most recent loss in court . `` We very much questioned the efficacy of putting a dent in obesity by restricting the cup size in restaurants in New York City that sold sugar-sweetened beverages , '' said Scott DeFife , the association 's executive vice president for policy and governmental affairs , in an interview this month . `` We do n't think that micromanaging food service packaging is the way to end obesity in New York City . '' Bloomberg 's attempt to limit the size of sodas inspired Mississippi -- whose 34.9 % obesity rate is the nation 's highest -- to pass an `` anti-Bloomberg '' law . `` It simply is not the role of the government to micro-regulate citizens ' dietary decisions , '' Gov . Phil Bryant wrote this month . But Bloomberg has been undeterred . `` 'Saturday Night Live ' could n't write this stuff , '' he said recently about Mississippi 's move . `` We have a worldwide , nationwide problem on obesity . This year , more people will die from overeating than from starvation -- first time in the history of the world . '' `` How can somebody try to pass a law that deliberately says we ca n't improve the lives of our citizens ? '' he asked . `` It 's farce . '' Arguments are scheduled for June . CNN 's Kristina Sgueglia contributed to this report .
The mayor 's bill would cap soda cup size at 16 ounces in food-service establishments . In a statement released Thursday, the American Beverage Association said it was "disappointed" by Bloomberg's decision. The proposal falls flat with the National Restaurant Association .