The Big Gulp is triumphant.

New York City’s plan to ban large sugary drinks from restaurants and other eateries was an illegal overreach of executive power, a state appeals court ruled on Tuesday, upholding a lower court decision in March that struck down the law.

The law, which would have prohibited those businesses from selling sodas and other sugary beverages larger than 16 ounces, “violated the state principle of separation of powers,” the First Department of the state Supreme Court’s Appellate Division said in a unanimous decision.

So we’re free to drink sodas the size of a small child. Unfortunately, we are still being forced to pay for the destruction actual small children. Hey, freedom’s taking baby steps. Pardon the pun.