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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsJudge (clearly in the pocket of Big Gulp) blocks Bloomberg Soda Rule
Call Congress right fucking now!
...Justice Tingling said the rule banning the drinks was arbitrary and capricious.
In his opinion, Justice Tingling specifically cited a perceived inequity in the soda rules, which applies to only certain sugared drinks beverages with a high milk content, for instance, would be exempt and would apply only to some food establishments, like restaurants, but not others, like convenience stores.
It applies to some but not all food establishments in the city, Justice Tingling wrote. It excludes other beverages that have significantly higher concentrations of sugar sweeteners and/or calories.
The judge also wrote that the fact that consumers can receive refills of sodas, as long as the cup size is not larger than 16 ounces, would defeat and/or serve to gut the purpose the rule. The judge also appeared to be skeptical of the purview of the citys Board of Health, which the Bloomberg administration had maintained has broad powers to seek to better the publics health. That interpretation, the judge wrote, would leave its authority to define, create, mandate and enforce limited only by its own imagination, and create an administrative Leviathan.
...
http://www.nytimes.com/2013/03/12/nyregion/judge-invalidates-bloombergs-soda-ban.html?_r=1&
In his opinion, Justice Tingling specifically cited a perceived inequity in the soda rules, which applies to only certain sugared drinks beverages with a high milk content, for instance, would be exempt and would apply only to some food establishments, like restaurants, but not others, like convenience stores.
It applies to some but not all food establishments in the city, Justice Tingling wrote. It excludes other beverages that have significantly higher concentrations of sugar sweeteners and/or calories.
The judge also wrote that the fact that consumers can receive refills of sodas, as long as the cup size is not larger than 16 ounces, would defeat and/or serve to gut the purpose the rule. The judge also appeared to be skeptical of the purview of the citys Board of Health, which the Bloomberg administration had maintained has broad powers to seek to better the publics health. That interpretation, the judge wrote, would leave its authority to define, create, mandate and enforce limited only by its own imagination, and create an administrative Leviathan.
...
http://www.nytimes.com/2013/03/12/nyregion/judge-invalidates-bloombergs-soda-ban.html?_r=1&
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Judge (clearly in the pocket of Big Gulp) blocks Bloomberg Soda Rule (Original Post)
cthulu2016
Mar 2013
OP
justice "tingling"!? we could appeal, but appelate judge carbonated would just affirm tingling....
unblock
Mar 2013
#1
I think personally that the big thing was bloomberg overstepped his powers
Arcanetrance
Mar 2013
#10
unblock
(52,309 posts)1. justice "tingling"!? we could appeal, but appelate judge carbonated would just affirm tingling....
snooper2
(30,151 posts)2. Society is obviously headed for "hell"
LOL
cthulu2016
(10,960 posts)3. Most soda drinking incidents end only when the drinker pauses to refill
There is no legitimate civilian use for 20 ounce cups.
snooper2
(30,151 posts)5. you are 100% correct..
Also, there's a whole underground sporting industry that would be impacted that nobody has taken into consideration-
11 Bravo
(23,926 posts)7. Hell, I want to hear the ensuing burp!
cthulu2016
(10,960 posts)8. And the stuff is easy to weaponize
geek_sabre
(731 posts)4. Good. nt
mokawanis
(4,451 posts)6. Way to waste your time on bullshit, Bloomberg
Still can't believe the mayor of NYC would waste time and effort on this kind of stuff.
Rex
(65,616 posts)9. "clearly in the pocket of Big Gulp"
DUUUUZZZZZYYY!!!
Arcanetrance
(2,670 posts)10. I think personally that the big thing was bloomberg overstepped his powers
I'm not going to jump into the debate of if someone needs a giant soft drink or not. But I think the judge was right this went beyond what bloomberg and the board could do under law and the states constitution. Yes it's hard to believe even for me living here but NYC isn't a state to itself it is part of New York State and I think something as sweeping as this does have to come from that level.