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 ...
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.
Ha ha ha ha
Well Shorty, what are you gonna do NOW? /s;)
NY’ers elected this a-hole. Let them suffer under his rule. The court should let him go wild.
Bloomie just didn’t want people walking around with a cup taller than he was.
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...
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.
Bingo. Judge is right, but for the wrong reason.
How is this different from their 7 round mag limit? Or others’ 10 or whatever? All tyranny based on control only.
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
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.
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.
LMAO, about damn time someone knock bloomberg down.
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.
Bloomie, it seems, has met his match.
Ya just don’t screw with PepsiCo...
a voice of sanity...
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