Mayor Bloomberg 's controversial ban on large, sugary sodas fell flat Monday when a judge shredded nearly every legal argument advanced by the mayor’s lawyers and tossed the regulation out.

The sweeping ruling, a day before the ban was to take effect, was a stinging setback for Bloomberg, who won national acclaim in pushing the regulation — and condemnation that he was creating a nanny state.

Manhattan Supreme Court Justice Milton Tingling dismissed the rule as “arbitrary and capricious,” with too many loopholes and exemptions, siding with soda companies and business groups that had taken the city to court.

Tracing the Board of Health’s powers more than 300 years to the late 1600s under Britain’s King James II, the judge said the city agency simply had no authority to issue it. Only the City Council had that power, he said. “One of the fundamental tenets of democratic governance here in New York, as well as throughout the nation, is the separation of powers. . . . No one person, agency, department or branch is above or beyond this,” the judge said.

Judge Milton A. Tingling put the kibosh on Mayor Bloomberg's ban one day before it was to go into effect.

The rule “would not only violate the separation of powers doctrine, it would eviscerate it,” the judge said.

The rule would have banned sales of sugary sodas larger than 16 ounces by restaurants, movie theaters, pushcarts and sports arenas. (read the whole article here)

Personally, I find it curious that, if Bloomberg wanted to limit the intake of sugary drinks, there was no exemption for sugar-free drinks.

Tags: Bloomberg, City, NYC, New, York, ban, soda

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No they don't.

I am a New Yorker and I can tell you Bloomberg is a nut job.. The guy seems to do whatever he feels like. Although I agree with his smoking ban, because 2nd hand smoking does affect the surrounding people, but a sugary drink only affects the person drinking it. I understand he wants to curve obesity in American since it is one of the biggest rising health epidemic America is about to face, but there are other ways to go about it. Banning a drink will do anything. Obesity comes from a hereditary disposition so it can be only be treated by eating healthy and exercising for the individuals themselves. Even if you ban it, like I said, obesity will still be a problem and it will only infringe on the rights of other who are not affected by this epidemic 

There are ways around the soft drink size limit, like ordering two 16 oz drinks. Plus, the exceptions made no sense. Why bother banning sugary soft drinks if a 20 oz malted milkshake is still legal? And you can still buy huge drinks in convenience markets. Stupid.

If he's really concerned about people's health, ban all tobacco products, insanely huge restaurant portions, and...oh yeah...what about alcohol?

I don't get the man at all. At times he says some good stuff which you can agree with and then out of no where he comes up with the most ridiculous things. If bloomberg had the power, he we would definitely ban all of that. But he knows very well if he tried ban alcohol, we would be publicly hanged. We already went through prohibition era in our history and that quite did not work out well.

I think he should go south and try to ban McD's sweet tea. Everyone down there should know that most of McD's stuff (and those fried chicken places) causes teen pregnancies to rise, especially on Sundees afta charch. I mean Sundays after church.

hmmmm....no Mickey D's or KFC in the Big Apple? I kinda doubt it.

But do they have that huge, sweet tea in NY? (I just assumed not, but could be wrong.)

I shouldn'ta made fun of southerners. But dat's where I growed up. They already got their own righteous laws there, for sure.

Lol. I'm part-southerner (always lived around the mason-dixon line) and dat don't botha meh none.

yea they do, there are dime a dozen Mickey Ds and KFC in the city.

Oneof the most popular McDonald is in Times Square. Oh boy do I feel bad for the employees who work there. They barely have any free time. 

I love this! Causes teen pregnancy to rise? That's funny! I might use that later... But in all seriousness I think that many politicians DO have weird options like that with no basis in logic or knowledge. "The female body has ways of protecting itself against pregnancy in cases of rape." Remember that? So although I see what you said as satire it reminds me that we have real dummies in power.

Sounds like another win for democracy! Nanny Bloomberg will just have to rely on persuasive advertisement campaigns or something.

It's insulting that Bloomberg thinks the average person is too stupid or weak to change their drinking habits once they learn about the connection between obesity and soda. Personally, I water down my juices and pop to about a 10% concentration and only indulge in that now and then. I'll have an actual pop every couple of weeks because I prefer to eat my superfluous calories.

Educate people about the food they consume from an early age. Most people have no idea how much sugar is in fizzy drinks or how much salt is in processed food. Then they can make better decisions. It is also quite common for people who are overweight not to think that they are or to realise how unfit they are. Something needs to be done because obesity is not going to be a problem soon, it already is now.

Do some web searching on the influence of Pepsi's fabulous Mountain Dew product in the hills and mountains of Applachia. It is insidious in it's ability to addict the local townspeople. The effects of tooth decay in this area is staggering.

All Americans should vehemently support their right to early cardiovascular disease or diabetes. It's almost become a right of passage to put yourself in this condition. Honey Boo Boo anyone????

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