Bloomberg Big Gulp Ban Slapped Down By NY Supreme Court Judge

by Tim Brown

New York Supreme Court Judge Milton Tingling has struck down New York City Mayor Michael Bloomberg’s big gulp ban on large sugary drinks.

Fox News reports,

Manhattan state Supreme Court Justice Milton Tingling wrote in his opinion that the rules are “arbitrary and capricious,” applying to only certain beverages and only certain stores.

“The loopholes in this rule effectively defeat the stated purpose of this rule,” he wrote, complaining of “uneven enforcement even within a particular City block, much less the City as a whole.”

Mayor Michael Bloomberg said the city plans to appeal, calling the ruling “clearly an error.”

“If we are serious about fighting obesity then we have to be honest about it and courageous about tackling it,” Bloomberg said. “We believe it is reasonable and responsible to draw a line.”

NYC Mayor Michael Bloomberg was looking to put the kibosh on sports venues, service stations, and other locales from selling extraordinarily large sugary drinks just one day before it was slated to go into effect.

The New York City Mayor’s Office tweeted:

We plan to appeal the sugary drinks decision as soon as possible, and we are confident the measure will ultimately be upheld.

— NYC Mayor’s Office (@NYCMayorsOffice) March 11, 2013

We believe @nychealthy has the legal authority and responsibility to tackle causes of the obesity epidemic, which kills 5,000 NYers a year.

— NYC Mayor’s Office (@NYCMayorsOffice) March 11, 2013

Michael Howard Saul at the Wall Street Journal reports,

In his ruling, Judge Tingling found the Board of Health’s mission is to protect New Yorkers by providing regulations that protect against diseases. Those powers, he argued, don’t include the authority to “limit or ban a legal item under the guise of ‘controlling chronic disease.’ ”

The board may supervise and regulate the city’s food supply when it affects public health, but the City Charter clearly outlines when such steps may be taken: According to Judge Tingling, the city must face imminent danger due to disease.

“That has not been demonstrated,” he wrote.

Judge Tingling also suggested that Mr. Bloomberg overstepped his powers by bringing the sugary drink rules before the Board of Health, which is solely appointed by him. The City Council, he wrote, is the legislative body “and it alone has the authority to legislate as the board seeks to do here.”

Businesses have already spent large amounts of cash to comply with the new law including purchases of glasses for servicing soft drinks. WSJ reported, “Brother Jimmy’s BBQ, a chain with five locations in the city, had already ordered 1,000 new glasses for soft drinks at their five New York City locations. The restaurants serve soda in 24-oz. glasses, CEO Josh Lebowitz said earlier this month—8 oz. more than city’s new rules.”

While some people were on board with Bloomberg, the majority of tweets at the NY Mayor’s Office were largely opposed to his repeal.

Judge Tingling was elected by New York County constituents and was not appointed by Mayor Bloomberg.

I’m guessing right about now Nanny Bloomberg is needing a sugar rush and about to blow his top. Good for Judge Tingling for putting Bloomberg in his place. Now if New York could just get a judge to do the same thing for its governor when it comes to gun control.

About Tim Brown