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
hit. reporter: the portion control battle continued on late night. i think it s incumbent on government to tell people what they re doing to themselves and let people make their own decisions. carol, that movie theater you just saw there was among businesses that held off making any changes until this lawsuit was resolved. they will now wait on an appeals judge to make a final decision. carol? we ll be watching, too. mary snow reporting live from new york this morning. just ahead in the newsroom, the celebration is over, it s the final minutes before 115 men go inside to select the next pope. we ll take you to rome and the conclave next.
exempt. but the mayor has vowed to appeal. if we are serious about fighting obesity, we have to be honest about what causes it and we have to 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. local businesses were worried about their bottom line, like this theater that says 30% of its business is from large beverage sales. this is the largest size. it s 44 ounces. this is the smallest. it s 22 ounces. the theater would have had to lose those large sizes in favor of 16 ounces or less. it had general manager russell levinson worried his small theater would lose tens of thousands of dollars in sales. on an independent theater like ours, it s a pretty significant hit. reporter: the portion control battle continued on late night.
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 the arbitrary and unpopular ban. local businesses were worried about their bottom line. like this theater that says 30% of its business is from large beverage sales. this is the largest size. 44 ounces. this is the smallest, it s 22 ounces. the theater would have had to lose lar sizes in favor of 16 ounces or less. it had the general manager worried that his small theater would lose tens of thousands in sales. on an independent theater like ours, it s a significant hit. reporter: the portion control battle continued on late night. i think that it is incumbent on government to tell people what they are doing to themselves and let people make their own decisions. mary snow, cnn, new york. just ahead in the newsroom, for months, 70 families have