and the RATS, take another one in the.........HA ha!!!
Posted on 07/30/2013 7:31:44 PM PDT by matt04
Another court ruling has taken the fizz out of New York City's ban on big, sugary sodas.
A New York appeals court on Tuesday ruled that the city Board of Health exceeded its legal authority and acted unconstitutionally when it tried to put a size limit on soft drinks served in city restaurants.
"The Board of Health overstepped the boundaries of its lawfully delegated authority," the court said in its decision.
The state Supreme Court Appellate Division, with its opinion, upheld an earlier ruling that stopped the ban from taking effect in March. The rule would stop many eateries from selling non-diet soda and other sugar-laden beverages in containers bigger than 16 ounces.
The beverage industry and other opponents say the measure is riddled with exceptions, unfair and ineffective.
The city's law department has promised an appeal. "Today's decision is a temporary setback, and we plan to appeal this decision as we continue the fight against the obesity epidemic," Mayor Michael Bloomberg said in a statement.
In its unanimous opinion, the four-judge panel said Tuesday that the health board was acting too much like a legislature when it created the limit. The judges wrote that while the board had the power to ban "inherently harmful" foodstuffs from being served to the public, sweetened beverages didn't fall into that category. They also said the board appeared to have crafted much of the new rules based on political or economic considerations, rather than health concerns.
(Excerpt) Read more at foxnews.com ...
Now what will Bloomberg do? Appeal to a higher court, to keep this legal battle going?
Maybe Bloomberg will get some humility, that he is not smarter than everyone else, and that he has limits to what he can force on people for their own good.
A Mayors job as I understand it is to oversee the operations of city departments and city government. It is not an annointment of Crown or Dictator position. It should never be an office where Mayor decides he/she is more qualified to make a persons choices in food and beverages. The mayor and his underlings are way out of bounds authority wise and the courts called their hand on it rightfully so.
Maybe Bloomberg will get some humility, that he is not smarter than everyone else, and that he has limits to what he can force on people for their own good.
Maybe it'll start raining shiny bright newly minted silver dollars, too. As often as they're defeated, Marxists back up, change direction slightly, and start new fights. They're persistent as cockroaches.
It’s not a mayor’s job, agreed. But this is about Bloomberg and his ego and “legacy” NYC has far too many problems, problems that go to the heart and soul of city leadership (e/g. crime) yet nary a word from Bloomin Idiot.
He represents exactly what’s wrong with politics. It’s all about H I M
You summed it up. He wants to control all the little people within as well. That’s just not his job.
Nah, bloomberg has a big NSA room with all the blood sugar levels of the city’s diabetics, telling them how much sugar they need exactly every second of their lives... but mind you, he knows better than doctors, same endocrinologists with an ounce of wits who will admit that their patients often know their disease and daily care/treatment more than themselves as doctors.
So go figure... the madness of big government just keeps on rolling. But the method to the madness is Detroit: downsize property prices with high taxes so the bureaucrates can get the cheap deals first when reform occures.
But it was a procedural thing, implying the ban could be on if done the “right” way.
Despite losing a battle, His Royal Hiney Bloomberg vows to continue his War on Freedom.
An, but they don’t care that its been declared illegal twice...they go forward with it anyway. Maybe we should start ignoring THEIR laws?
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