>> if we're series about fighting obesity, we have to be honest about what causes it and have the courage to tackle it head on. >> reporter: the american beverage association considers the block a victory. the court ruling provides a sigh of relief to new yorkers and thousands of small businesses in new york city that would have been harmed by this arbitrary and unpopular ban. businesses worry about their bottom line, like this theater who says 30% of sales is from its larger size. >> this is the smallest size, 22 ounce. the theater would have to had to lose large sizes in favor of 16 ounces or less. and he was worried his small theater would lose tens of thousands in sales. >> independent theater like ours, u.s. a significant hit. >> reporter: the portion control battle continues on late night. >> i think it's incumbent on government to tell people what