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.