coca cola ban symbol*(Via theRoot) – The NAACP‘s New York State chapter surprised some in the health community when the group filed a joint petition to block New York City’s upcoming soda ban.

In partnership with the Latino Federation, American Beverage Association, New York Korean-American Grocers Association and the Association of Theater Owners of New York State, the civil rights organization filed a petition arguing that banning sugary drinks in New York City will negatively affect minority small-business owners.

The law prohibits sugary drinks — including soda and fruit drinks that contain less than 70 percent fruit juice — sold in containers larger than 16 ounces (supermarkets and convenience stores are exempt), and if businesses run afoul, they risk a $200 fine. The document also claims that the ban won’t stop the spread of obesity, which plagues 66 percent of black New Yorkers, according to a city report, because consumers can still purchase sugar-filled beverages elsewhere.

“[Some] national chains like 7-Eleven, which can handle the financial loss, are exempt [from the ban],” NAACP New York Conference President Hazel N. Dukes stated in a press release. “You can’t be serious about banning big sodas when you have a loophole for Big Gulps.”

Financial considerations aside, a black organization rallying against a law that might stave off an African-American obesity epidemic seems odd, but Dukes says that her group is in the right.

“Our position is fairness; we’re not encouraging anyone [toward] sugary drinks,” Dukes told The Root. “For the last five years, the NAACP has been addressing obesity as an epidemic, but in this state, Mayor Bloomberg and the commissioner of health did not take into consideration economic fairness regarding the mom-and-pop bodegas. They are not touching the grocery stores or national chains like McDonald’s.”

Get the rest of the story at theRoot.