(This is what happens when you elect a delusional control freak as Mayor)
A New York state judge on Monday threw out a ban on large sugary drinks
set to go into effect in New York City on Tuesday, calling the new
regulation “arbitrary and capricious.”
The new regulation—which would have limited the sale of sugary
beverages including nondiet sodas, fruit drinks, sweetened teas and
other high-calorie drinks to just 16 ounces—was championed by Mayor
Michael Bloomberg, who said Tuesday that the city would immediately
appeal the verdict. Bloomberg saw the ban as a way to fight the city's
growing obesity epidemic.
But the American Beverage Association and other business groups
representing bars, restaurants and bodegas had sued to stop the new law,
arguing, in part, that it would create an uneven playing field for
businesses. The law would have been enforced only on establishments
regulated by the city's Health Department, while stores like 7-Eleven,
which is regulated as a market by the state of New York, would have been
In his ruling, New York Supreme Court Justice Milton Tingling agreed with that argument, calling the new regulation "fraught with arbitrary and capricious consequences.
"The simple reading of the rule leads to the earlier acknowledged
uneven enforcement even within a particular city block, much less the
city as a whole," Tingling continued. "The loopholes in this rule
effectively defeat the stated purpose of the rule."
At a news conference, Bloomberg called the judge's ruling "clearly in error."
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