By Staff Reporter (staff@latinospost.com) | First Posted: Jan 24, 2013 03:48 PM EST

Minority groups are speaking out against the impending ban in New York City on sugary sodas larger than 16 ounces, saying the restrictions hurt minority-owned business and bodegas more than chain grocery and convenience stores, and they are mounting legal challenges.

"In its brief, the NAACP conceded that obesity was a significant problem among blacks and Hispanics. But the group urged the city to create a more holistic program to attack the problem, including an increase in financing for physical education programs in public schools," writes the New York Times.

"Mr. Bloomberg's plan, the brief argued, would disproportionately hurt minority-owned small businesses, which faced competition from larger convenience stores like 7-Eleven that would be exempt from the soda restrictions because of a quirk in New York's regulatory structure."

"At its worst, the ban arbitrarily discriminates against citizens and small-business owners in African-American and Hispanic communities," said the NAACP.

The city is fighting back.

"African-Americans are suffering disproportionately in this crisis, and I don't think the NAACP should be siding with the big soda companies," said city health commissioner Thomas A. Farley. "They are attacking public health officials who are trying to respond to that crisis."

However, health issues aside, critics are correct in stating that 7-11 and similar companies won't be subject to the same restrictions as smaller, independent businesses, because of a loophole in the bill.

"The chain is governed by the state health department, and not the city department, and therefore will not be affected by the ban," writes ABC News. "As part of 7-Eleven's plans to expand operations in New York City, the company kicked off a bodega-buy-out program last year in which the company encourages local grocers to become part of the their franchise."

Sixty percent of New Yorkers oppose the ban, and support is disproportionately weaker in areas with larger minority populations.

But proponents point out that both the NAACP and the Hispanic Federation have ties to soft drink manufacturers.

"The NAACP has close ties to big soft-drink companies, particularly Coca-Cola, whose longtime Atlanta law firm, King & Spalding, wrote the amicus brief filed by the civil rights group," says the New York Times. "Coca-Cola has also donated tens of thousands of dollars to a health education program, Project HELP, developed by the NAACP. The brief describes that program, but not the financial contributions of the beverage company. The brief was filed jointly with another organization, the Hispanic Federation, whose former president, Lillian Rodríguez López, recently took a job at Coca-Cola."

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