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  • Judge slaps down Bloomberg's 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," New York Supreme Court Judge Milton Tingling decided one day before the sales limits would have taken effect. The city's chief counsel, Michael Cardozo, pledged to "appeal the ruling as soon as possible."

    In halting the rules, Judge Tingling noted that the incoming sugary drink regime was "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.

    Under a first-of-its-kind prohibition approved by the city Board of Health last year, establishments from restaurants to mobile food carts would have been prohibited from selling sugary drinks larger than 16 oz. After a three-month grace period, the city would have started fining violators $200 per sale.

    The city rules, set to take effect on March 12, didn't include convenience stores, such as 7-Elevens, and supermarkets, both of which are regulated by the state government.

    In his ruling, Judge Tingling found the Board of Health's mission is to protect New Yorkers by providing regulations that protect against diseases. Those powers, he argued, don't include the authority to "limit or ban a legal item under the guise of 'controlling chronic disease.' "

    The board may supervise and regulate the city's food supply when it affects public health, but the City Charter clearly outlines when such steps may be taken: According to Judge Tingling, the city must face imminent danger due to disease.

    "That has not been demonstrated," he wrote.

    Judge Tingling also suggested that Mr. Bloomberg overstepped his powers by bringing the sugary drink rules before the Board of Health, which is solely appointed by him. The City Council, he wrote, is the legislative body "and it alone has the authority to legislate as the board seeks to do here."

    City health officials, he wrote, aren't assigned the "sweeping and unbridled authority to define, create, authorize, mandate and enforce" the health code.

    Across New York City, restaurants, bars and movie theaters had already started bracing for the change.

    Brother Jimmy's BBQ, a chain with five locations in the city, had already ordered 1,000 new glasses for soft drinks at their five New York City locations. The restaurants serve soda in 24-oz. glasses, CEO Josh Lebowitz said earler this month

    “The world will not be destroyed by those who do evil, but by those who watch them without doing anything”

    Albert Einstein

  • #2

    Sweet

    __________________________________________________
    Phil O'Keefe commented

    I'm serious Daryl - my finger is hovering a millimeter over the ban button...

    Comment


    • rbstern
      rbstern commented
      Editing a comment

      Enjoy some humble pie (and a 32oz. Pepsi), nanny staters.


    • Sloppy Santa
      Sloppy Santa commented
      Editing a comment

      Daryl Flynn wrote:

      Sweet


       

      Funny actually. Funniest and wittiest thing you've written yet. Kudos!


  • #3

    Good. I'm glad this was shot down. I hope it stays down. If people want to kill themselves with sugary drinks, that's their business. I think outlawing stuff is not the right way to go about it. If the US had a frickin' decent education system that actually educated about things, maybe this stuff wouldn't happen. Educate about sugar, sex, the proper way of driving a vehicle, etc.

    Comment


    • Davo17
      Davo17 commented
      Editing a comment

      moonlightin wrote:

      Good. I'm glad this was shot down. I hope it stays down. If people want to kill themselves with sugary drinks, that's their business. I think outlawing stuff is not the right way to go about it. If the US had a frickin' decent education system that actually educated about things, maybe this stuff wouldn't happen. Educate about sugar, sex, the proper way of driving a vehicle, etc.


      Its none of your business what other people want to do.

      What is it about your robot DNA that prevents you from butting the **************** out?


    • Godsky
      Godsky commented
      Editing a comment

      moonlightin wrote:

      Good. I'm glad this was shot down. I hope it stays down. If people want to kill themselves with sugary drinks, that's their business. I think outlawing stuff is not the right way to go about it. If the US had a frickin' decent education system that actually educated about things, maybe this stuff wouldn't happen. Educate about sugar, sex, the proper way of driving a vehicle, etc.


       

      Exactly.

      Who cares if someone wants to work their way into diabetes or a slow death. 

      I may be a lefty, but FFS this is just being silly. 

       


    • The Badger
      The Badger commented
      Editing a comment

      Hoddy wrote:

      A stinging defeat for the nanny-statists.


       

      That depends on how you define the "nanny state." There is a difference between helping those who are less fortunate than you, who need help getting through life and some meddlesome politician who decides to "fix" things by mayoral fiat.

       


      Davo17 wrote:
      Good, its ****************ing silly.
      If you let people take away your freedoms, they will.

      I agree with you in this case. Bloomberg's heart may have been in the right place, but that is not the way to go about "improving" peoples' health, 


      Hoddy wrote:

      Bloomberg = RINO.


      RINO? More like "Yo-Yo."


      moonlightin wrote:

      Good. I'm glad this was shot down. I hope it stays down. If people want to kill themselves with sugary drinks, that's their business. I think outlawing stuff is not the right way to go about it. If the US had a frickin' decent education system that actually educated about things, maybe this stuff wouldn't happen. Educate about sugar, sex, the proper way of driving a vehicle, etc.


      That's the problem with "social engineering" by promoting some unpopular things while banning others that are popular. Sure, you think  you're "helping," but in truth, you're creating a new class of "criminals" and pissing everyone else off. 


  • #4

    It's getting so that radical leftists can't control every facet of the peasants lives anymore....  what next Jug Ears not being able to buy votes with free abortions and food stamps ???

     

    bloomy

    Attached Files
    Change Liberals can believe in...Ask not what you can do for your country, but what your country can do for you.

    Comment


    • Gromit
      Gromit commented
      Editing a comment

      burningsg wrote:

      It's getting so that radical leftists can't control every facet of the peasants lives anymore....  what next Jug Ears not being able to buy votes with free abortions and food stamps ???

       

       


      Are you suggesting that abortions and foodstamps are things that people actually want?

       

      Er, no.  Recipients of either abortions or food stamps are people for whom there is very little choice.


    • dblazer
      dblazer commented
      Editing a comment

      burningsg wrote:

      It's getting so that radical leftists can't control every facet of the peasants lives anymore....  what next Jug Ears not being able to buy votes with free abortions and food stamps ???

       

      bloomy


      The "radical Left" in the U.S. died with the war in Viet Nam. There hasn't been a fuctional Left in this country for almost 40 years.

      Obama makes Hubert H. Humphrey look like Jerry Rubin.

      Attached Files

  • #5

    How am I supposed to regualate my consumption now without Bloomberg's edicts???k

    Attached Files



    While she's talking, I'll use my mind to think of other things. She can't stop my mind!

    Comment


    • #6
      Lol @ a scot besmirching others for drinking themselves to death.

      Comment


      • #7
        Alndln3 may have a new avatar, but it appears he is still an authoritarian bootlicker. Sad.

        Comment


      • #8
        Thanks for proving my point.

        Comment


        • Alndln3
          Alndln3 commented
          Editing a comment

          prolurkerguy wrote:
          Thanks for proving my point.

          Thank you for proving my point. Enjoy the epidemic.


        • Just Me
          Just Me commented
          Editing a comment

          Finally, an issue the dum-dum right can get behind - the right to drink 24 oz sodas.

           

          Lol, 

          http://www.nickyparis.com/site/wp-content/uploads/2012/04/tumblr\_m11h19YV4A1r2k24jo1\_400.gif

          Attached Files

      • #9

        http://www.npr.org/blogs/thesalt/2013/03/13/174196685/the-bloomberg

        As you probably know, New York City Mayor Michael Bloomberg's ban on Big Sugary Drinks Over 16 Ounces was supposed to go into effect this week. But a judge invalidated the ban on Monday, a move applauded by restaurant owners, theater owners, and anyone who likes nothing more on a hot summer day than a refreshing bathtub full of ice-cold Coca-Cola.

        To celebrate our right to Life, Liberty and the Pursuit of Diabetes, we've created the sugariest drink in the world. We call it "The Bloomberg."

        d

        d

        Attached Files



        While she's talking, I'll use my mind to think of other things. She can't stop my mind!

        Comment


        • tequila_titan
          tequila_titan commented
          Editing a comment

          Now they should overturn the transfat ban.



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