Judge Throws Out 'Soda Law' In NYC

[Kathianne]

http://online.wsj.com/article/SB1000...929974394.html

• Updated March 11, 2013, 4:25 p.m. ET

<!-- ID: SB10001424127887323826704578354543929974394 --> <!-- TYPE: NY Politics --> <!-- DISPLAY-NAME: New York Politics --> <!-- PUBLICATION: The Wall Street Journal Interactive Edition --> <!-- DATE: 2013-03-11 16:25 --> <!-- COPYRIGHT: Dow Jones & Company, Inc. --> <!-- ORIGINAL-ID: --> <!-- article start --> <!-- CODE=DJII-DJN SYMBOL=N/BZZ CODE=DJII-DJN SYMBOL=N/CDJ CODE=DJII-DJN SYMBOL=N/CNW CODE=DJII-DJN SYMBOL=N/INT CODE=DJII-DJN SYMBOL=N/PLT CODE=DJII-DJN SYMBOL=R/NME CODE=DJII-DJN SYMBOL=R/NY CODE=DJII-DJN SYMBOL=R/NYC CODE=DJII-DJN SYMBOL=R/US CODE=DJII-DJN SYMBOL=R/USE CODE=DJII-INDUSTRY SYMBOL=i66 CODE=DJII-REGION SYMBOL=namz CODE=DJII-REGION SYMBOL=nyc CODE=DJII-REGION SYMBOL=usa CODE=DJII-REGION SYMBOL=use CODE=DJII-REGION SYMBOL=usny CODE=DJII-SUBJECT SYMBOL=c13 CODE=DJII-SUBJECT SYMBOL=ccat CODE=DJII-SUBJECT SYMBOL=gcat CODE=DJII-SUBJECT SYMBOL=gpir CODE=DJII-SUBJECT SYMBOL=gpol CODE=DJII-SUBJECT SYMBOL=greg CODE=DJII-SUBJECT SYMBOL=ncat CODE=DJII-SUBJECT SYMBOL=nfact CODE=DJII-SUBJECT SYMBOL=nfcpin CODE=PERSON SYMBOL=Bloomberg, Michael CODE=PERSON SYMBOL=Cardozo, Michael CODE=RELAY SYMBOL=SYND CODE=STATISTIC SYMBOL=FREE CODE=STATISTIC SYMBOL=PRMN CODE=SUBJECT SYMBOL=NYFD CODE=SUBJECT SYMBOL=NYNY CODE=SUBJECT SYMBOL=NYPO CODE=SUBJECT SYMBOL=OLFD CODE=SUBJECT SYMBOL=ONEW CODE=SUBJECT SYMBOL=OPOL PERSON Bloomberg, Michael PERSON|Bloomberg, Michael NAME Michael Bloomberg SIGNIFICANCE PROMINENT TOPICID 4365 SEONAME Michael-Bloomberg PERSON Cardozo, Michael PERSON|Cardozo, Michael NAME Michael Cardozo SIGNIFICANCE PASSING-MENTION AUTHOR Michael Howard Saul AUTHOR|Michael Howard Saul AUTHOR Michael Howard Saul ID Michael Howard Saul NAME Michael Howard Saul TOPICID RANK 1 --> Judge Halts New York City Soda Ban

A state judge on Monday stopped Mayor Michael Bloomberg's administration from banning the sale of large sugary drinks at New York City restaurants and other venues, a major defeat for a mayor who has made public-health initiatives a cornerstone of his tenure.


The city is "enjoined and permanently restrained from implementing or enforcing the new regulations," wrote New York Supreme Court Judge Milton Tingling, blocking the rules one day before they would have taken effect. The city's chief counsel, Michael Cardozo, pledged to quickly appeal the ruling.


In halting the drink rules, Judge Tingling noted that the incoming sugary drink regulations were "fraught with arbitrary and capricious consequences" that would be difficult to enforce with consistency "even within a particular city block, much less the city as a whole."


"The loopholes in this rule effectively defeat the stated purpose of the rule," the judge wrote. (Read the full text of the ruling.)



...

[Voted4Reagan]

[jimnyc]

An excellent decision.

[Abbey Marie]

Keep in mind that the NY Supreme Court is the lowest court in the state. Prob. many appeals to follow.

[tailfins]

Remember the "Soup Nazi" from Seinfeld? Perhaps "Drink Nazi" would be a good name for Bloomberg.

[logroller]

Keep in mind that the NY Supreme Court is the lowest court in the state. Prob. many appeals to follow.

That or the law is recrafted, eliminating the "loopholes", making sugary drink sales over x ounces illegal altogether and requiring small amounts it to be monitored like ephedrine-based cold meds.

[cadet]

How long ago do you think you'd have to go, to ask people if the gov't would ban soda, and they'd say "That'll never happen, they can't do that."

[logroller]

How long ago do you think you'd have to go, to ask people if the gov't would ban soda, and they'd say "That'll never happen, they can't do that."

Well, ya know those pothead conservatives...they're always spewing that kinda crazy talk.

[aboutime]

He really is a BLOOMING bloomidiot.jpg

[avatar4321]

a victory for liberty. Not a huge one. but a good one nonetheless.

[revelarts]

That or the law is recrafted, eliminating the "loopholes", making sugary drink sales over x ounces illegal altogether and requiring small amounts it to be monitored like ephedrine-based cold meds.

That's what it looks like to me as well,
if it's only thrown out on the loopholes, then if they change the law to make it cover all drinks and all sellers instead of "arbitrary" ones, will that make the law OK?
Seems like a very weak spot to turn the decision on.

WSJ...The judge ruled the regulations are "fraught with arbitrary and capricious consequences," noting how there would be uneven enforcement within a single city block. The regulations didn't affect the Big Gulp at 7-11 because supermarkets and convenience stores are regulated by the state, not the city.

He wrote that regulations exclude other beverages that have significantly higher concentrations of sugar sweeteners and calories on "suspect grounds." The regulations don't limit patrons from getting refills; that provision, the judge said, appears to "gut the purpose of the rule."...

I'm all for Health but these health and environment nazi do gooders are unnerving. example A,

WSJ...Claire Wang, assistant professor of health policy and management at Columbia University's Mailman School of Public Health, said she was "disappointed" by the ruling.
"The city has been on the forefront of trying to push the envelope on what we can do for population health, and from that standpoint it's very courageous," she said. "New York City has done a lot of things in public health that no one has done before, but everyone follows suit."...

I'd guess this person is pro-abortion for Health as well.

[taft2012]

Judge Tingling determined that Mr. Bloomberg exceeded his authority by sidestepping the City Council and placing the issue before the city's Board of Health, a panel whose members were each appointed by the mayor.


Mr. Bloomberg said at the news conference he has no plans to bring the measure before the City Council.

We get the government we deserve.

We passed a voter referendum for term limits, then let this turd disregard them.

[tailfins]

We get the government we deserve.

We passed a voter referendum for term limits, then let this turd disregard them.

Apparently, he will be gone in less than a year.

[revelarts]

We get the government we deserve.

We passed a voter referendum for term limits, then let this turd disregard them.

True, he's a mini tyrant -but with the good of the people at heart-.
But i doubt he ran on the platform of Banning smokes on the street and bypassing council to ban sugary drinks.

Many people are bamboozled (or asleep) by politicians being in a party or by agreeing with one or 2 things that they promote. While the politicians barely hide their pro big gov't control agendas.
That's why i say this lesser of 2 evils stuff doesn't work anymore.
We have to ask, Do the candidates have a record of working for constitutional boundaries and freedoms or for more state-ist controls in the name of health and safety?

[aboutime]

Apparently, he will be gone in less than a year.

tailfins. If memory serves me. People were saying the very same things about Obama before November 6th, of last year.

And we all know how well that worked.