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 exempt.
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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7 comments:
considering the high obesity rate and the exorbitant cost of health care for the obese bloomberg was heading in the right direction.
right now it's cheaper to eat shit than to eat healthy so a tax on shit food might be the answer.
I think a tax like BP mentions make more sense than a ban. Banning something like big sodas was just dumb.
Billy - I think I'm way more freedom oriented. I think that government should be smaller and less a part of our lives.
A tax is a lot less objectionable to me, but at some point taxes are like tics on a dog, too many, you kill the host.
Mr. Shife - Hey man, how's it going?
Yeah, I agree.
If they would get to the point of laws like that, there would be scales before the soda fountains, too heavy one line, everybody else the other line. It would be such an obvious show of discrimination people wouldn't put up with it.
Howdy texlahoma. I was seriously intrigued by your comment about 3.21.13 being a religious or psychedelic experience because I am going to be a teacher helper at Kyle's preschool that day so I can't avoid the roads. Did you write a blog post about it or is there a link? Thanks buddy.
Howdy texlahoma. I was seriously intrigued by your comment about 3.21.13 being a religious or psychedelic experience because I am going to be a teacher helper at Kyle's preschool that day so I can't avoid the roads. Did you write a blog post about it or is there a link? Thanks buddy.
Mr. Shife - I'm glad you're interested in it http://bluebeerriver.blogspot.com/2013/03/are-you-ready-for-fifth-dimension-on.html
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