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JUDGE BLOCKS BLOOMBERG'S SODA BAN Calls It 'Arbitrary And Capricious'
TBI ^ | 3-11-2013 | Kim Bhasin

Posted on 03/11/2013 1:38:49 PM PDT by blam

JUDGE BLOCKS BLOOMBERG'S SODA BAN — Calls It 'Arbitrary And Capricious'

Kim Bhasin
March 11,2013

A judge has invalidated New York City's ban on large sodas, which was supposed to go into effect tomorrow, saying that the limits on sugary drinks are invalid, according to CNBC.

The New York City Mayor's Office said it would appeal the decision "as soon as possible" in a tweet shortly after the ruling came down.

Bloomberg's new sugary drink regulations, which were supposed to go in effect Tuesday, are "fraught with arbitrary and capricious consequences," New York Supreme Court Judge Milton Tingling wrote.

"It is arbitrary and capricious because it applies to some but not all food establishments in the City," the judge wrote. "It excludes other beverages that have significantly higher concentrations of sugar sweeteners and/or calories on suspect grounds."

"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," he continued. "The loopholes in this rule effectively defeat the stated purpose of the rule."

The ruling "provides a sigh of relief to New Yorkers and thousands of small businesses in New York City that would have been harmed by this arbitrary and unpopular ban," a spokesperson for the American Beverage Association told the WSJ.

Earlier today, Bloomberg predicted that his new regulations would be accepted by most, according to the New York Post.

"I think you're not going to see a lot of push back here," he said.

We reached out to the Mayor's Office, which declined to comment. But it did tweet out a note:

More to come...

(Excerpt) Read more at businessinsider.com ...


TOPICS: News/Current Events; US: New York
KEYWORDS: bloomberg; newyork; sodaban; stupidliberals
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1 posted on 03/11/2013 1:38:49 PM PDT by blam
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To: blam
“arbitrary and capricious” i thought that was the liberal political platform.
2 posted on 03/11/2013 1:40:50 PM PDT by exnavy (Fish or cut bait ...Got ammo, Godspeed!)
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To: blam

The judge doesn’t seem to understand that a law that isn’t arbitrary and capricious doesn’t grant the tyrant implementing that law the power he deserves.


3 posted on 03/11/2013 1:41:06 PM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: blam

Ha ha ha ha


4 posted on 03/11/2013 1:41:36 PM PDT by rrrod (at home in Medellin Colombia)
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To: blam

Well Shorty, what are you gonna do NOW? /s;)


5 posted on 03/11/2013 1:47:13 PM PDT by Frank_2001
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To: blam

NY’ers elected this a-hole. Let them suffer under his rule. The court should let him go wild.


6 posted on 03/11/2013 1:48:16 PM PDT by brownsfan (Behold, the power of government cheese.)
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To: blam

Bloomie just didn’t want people walking around with a cup taller than he was.


7 posted on 03/11/2013 1:48:42 PM PDT by sportutegrl
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To: blam
just look at that face on Bloomberg!!!!

that Judge will have his ba!!s cut off by Bloomy...

He does not like people that try to stop his CONTROL...

THE GUY IS AS EVIL AS BARAK HUSSEIN OBAMA...

8 posted on 03/11/2013 1:51:05 PM PDT by haircutter
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To: blam

The Department of Portion Control has been dealt a serious setback. The number of New Yorkers who count on the government to tell them what is best for themselves are in a terrible quandary.


9 posted on 03/11/2013 1:51:34 PM PDT by A message
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To: MrB

Bingo. Judge is right, but for the wrong reason.


10 posted on 03/11/2013 1:52:39 PM PDT by SpaceBar
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To: blam

How is this different from their 7 round mag limit? Or others’ 10 or whatever? All tyranny based on control only.


11 posted on 03/11/2013 1:53:08 PM PDT by Monty22002
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To: blam

I think Bloomberg was raised by mother who won’t let him have fun and now he is reacting like one of Jewish Mother who said OH You get hurt that I gather


12 posted on 03/11/2013 1:53:43 PM PDT by SevenofNine (We are Freepers, all your media bases belong to us ,resistance is futile)
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To: blam

I would much tolerate our elected leaders taking our large sugary drinks away from us that tolerate a court saying that it is beyond the reach of a democratically elected official.


13 posted on 03/11/2013 2:00:22 PM PDT by JohnBrowdie (http://forum.stink-eye.net)
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To: blam

Hallelujah, LORD!! Bloomberg is revealed for what he is...arbitrary and capricious. When dd the government assume the power to RULE over the people and tell them what light bulbs they could use, how much water they could flush in their loos, HOW MANY BULLETS they could put in their magazines? Government is WAY out of control and needs to be put back in its’ place. You first, Bloomberg, you half-pint tyrant. Now who’s next? King Andrew.


14 posted on 03/11/2013 2:06:05 PM PDT by ez (Laws only apply to little people. Criminals, politicians, and newsies are exempt.)
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To: blam

LMAO, about damn time someone knock bloomberg down.


15 posted on 03/11/2013 2:08:14 PM PDT by rockabyebaby (We are sooooooooooooooooooooooooooooooooo screwed!)
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To: JohnBrowdie

And you might have a point if this rule was a law passed by the city council.

But it wasn’t. It was an appointed board grabbing power to regulate outside of their area.


16 posted on 03/11/2013 2:14:11 PM PDT by SoothingDave
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To: blam
The Mayor Bloomberg song!
17 posted on 03/11/2013 2:16:53 PM PDT by Caipirabob (Communists... Socialists... Democrats...Traitors... Who can tell the difference?)
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To: haircutter

Bloomie, it seems, has met his match.

Ya just don’t screw with PepsiCo...


18 posted on 03/11/2013 2:19:09 PM PDT by Buckeye McFrog
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To: blam

a voice of sanity...


19 posted on 03/11/2013 2:20:25 PM PDT by Triple (Socialism denies people the right to the fruits of their labor, and is as abhorrent as slavery)
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To: blam; All
Photo & Video Sharing by SmugMug
20 posted on 03/11/2013 2:28:31 PM PDT by SWAMPSNIPER (The Second Amendment, a Matter of Fact, Not a Matter of Opinion)
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