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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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To: blam

Every so often an official in government thinks clearly.


21 posted on 03/11/2013 2:29:38 PM PDT by I want the USA back
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To: blam

Ah. Ha ha ha haha ha ha ha!

Look at that moron! I bet he took a Big Gulp when the judge told him off!


22 posted on 03/11/2013 2:30:36 PM PDT by Yaelle
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To: blam

I still think thousands of people should send either empty large size soda cups; or liters of soda to Bloomie.


23 posted on 03/11/2013 2:31:35 PM PDT by HereInTheHeartland (ok)
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To: SpaceBar

I don’t know which is worse, the totalitarian thinking of Bloomberg, or the totalitarian thinking of the judge who condemns it because it might be inconsistently applied in a city block....


24 posted on 03/11/2013 2:35:08 PM PDT by Cvengr (Adversity in life and death is inevitable. Thru faith in Christ, stress is optional.)
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To: blam
Watch for the NYC Department of Health to start writing up MacDonald's,Wendy's,etc like crazy in the coming weeks and watch for Cuomo The Lesser to dig up whatever he can on Judge Tingling...and to make stuff up if necessary.I'm gonna be hitting Manhattan a couple of times in the next few weeks.While there I'm gonna make sure to order a 24oz Pepsi..*with* sugar...on each visit.
25 posted on 03/11/2013 2:35:59 PM PDT by Gay State Conservative ("Progressives" toss the word "racist" around like chimps toss their feces)
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To: HereInTheHeartland
I still think thousands of people should send either empty large size soda cups; or liters of soda to Bloomie.

If I wasn't so afraid of Riker's Island I'd make sure to toss some empties on the grounds of City Hall during my upcoming visits.But somehow I don't think that a pasty,old white guy like myself would do well at Riker's...even for 15 minutes.For that matter,given that it would be New York City Hall,a juicy terrorist target that already has lots of security,I wouldn't be surprised if Attorney Corporal Holder might get involved.

26 posted on 03/11/2013 2:47:34 PM PDT by Gay State Conservative ("Progressives" toss the word "racist" around like chimps toss their feces)
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To: blam
“arbitrary and capricious” is the core of what's known in NYC legal terms as an Article 78 proceeding. Article 78 of the City Charter is very brief and it basically says New York City agencies (including Nanny's office) MUST do justice. What an aggrieved party does is get a judge to declare what the city has done is unjust. Fired cops often successfully sue the Police Commissioner using Article 78. - just saying
27 posted on 03/11/2013 2:53:40 PM PDT by jmaroneps37 (Conservatism is truth. Liberalism is lies.)
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To: blam

Can one imagine being married to this insufferable man. If he is married, I truly feel sorry for his wife.


28 posted on 03/11/2013 2:57:26 PM PDT by diamond6 (Need scientific proof of God? Check out: http://www.magisreasonfaith.org/)
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To: haircutter

I think this time, this judge handed Bloomy his rear-end. :)


29 posted on 03/11/2013 3:05:33 PM PDT by Biggirl ("Jesus talked to us as individuals"-Jim Vicevich/Thanks JimV!)
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To: diamond6

I just watched the emperor’s press conference and I must say I haven’t had such a good time since before election day!


30 posted on 03/11/2013 3:06:13 PM PDT by LisaFab
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To: blam

So, NYC just wasted a lot of $$$ on those 17-oz tester cups.

Nice going Bloomberg. No wonder your city is in financial trouble.


31 posted on 03/11/2013 3:19:59 PM PDT by TomGuy
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To: blam

American stupidity.... here’s one common sense judge. But Mikey Bloomberg is not going to be deterred from telling his subjects on how to take care of their health.


32 posted on 03/11/2013 3:21:49 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: blam
I am not sure the judge is right. Maybe he has a real legal reason, but I am not seeing what it is. Granted that the law is stupid, invasive, and destructive. But I don't think that can be a legal basis for overturning it. The legal remedy is to vote people that make stupid, invasive, and destructive laws out of office, not to have a judge overturn laws that they consider bad.
33 posted on 03/11/2013 3:22:09 PM PDT by AndyTheBear
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To: LisaFab
Bloomberg Blasts Soda Ban Decision: 'The Judge Is Totally In Error'
34 posted on 03/11/2013 3:22:53 PM PDT by blam
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To: blam

Too bad New Yorkers cannot vote to ban what politicians can wear. Better yet, force them to wear a particular uniform. A clown suit comes to mind.


35 posted on 03/11/2013 3:31:51 PM PDT by VRW Conspirator (Sometimes it takes calamity to lead to serenity - FReeper RacerX1128)
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To: blam

Bloomberg’s a woman.


36 posted on 03/11/2013 3:32:03 PM PDT by AdaGray (squi)
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To: blam

Why doesn’t Mayor Bloomberg just go and mind his own f’n business?


37 posted on 03/11/2013 3:44:09 PM PDT by donhunt (Certified and proud "Son of a Bitch".)
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To: blam
ah just in time


38 posted on 03/11/2013 4:03:03 PM PDT by jiggyboy (Ten percent of poll respondents are either lying or insane)
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To: SWAMPSNIPER

Good one!

ROTFLOLOL.


39 posted on 03/11/2013 4:28:03 PM PDT by onyx (FREE REPUBLIC IS HERE TO STAY! DONATE MONTHLY! IF YOU WANT ON SARAH PALIN''S PING LIST, LET ME KNOW)
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To: onyx

I actually posted it on Bloomie’s Facebook page.


40 posted on 03/11/2013 5:18:20 PM PDT by SWAMPSNIPER (The Second Amendment, a Matter of Fact, Not a Matter of Opinion)
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