Mayor Michael Bloomberg’s Sugary Drink Ban Shot Down in Court

Filed in Uncategorized by on March 11, 2013 0 Comments

Mayor Michael Bloomberg’s ban on sugary beverages was shot down by a judge who said the proposal was “arbitrary and capricious,” and would be unevenly enforced. Bloomberg is not too happy about the ruling and vows to appeal.

Fox News reports that Manhattan state Supreme Court Justice Milton Tingling struck the ruling down “shortly before it was set to take effect” in New York City, which made the beverage industry “sigh” with “relief.” Hopefully, despite Bloomberg’s appeal, the proposed ban on the beverage sizes will remain in the history books as a stupid piece of legislation that should never have gained any traction in the first place.

While the intent of the New York mayor is to limit obesity in his great city, the overreaching legislation would hardly do anything meaningful. The initiative was symbolic, at best. The American Beverage Association said that Tingling’s ruling offered 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.” Just yesterday, the New York Times reported that some New Yorkers “vowed defiance” in complying with the law.

Michael Bloomberg is doubling down. He said, “If we are serious about fighting obesity then we have to be honest about it and courageous about tackling it…We believe it is reasonable and responsible to draw a line.” This is one of those slippery slope rules. What is next? Will chocolate be regulated? How about potato chips? Lawmakers should learn that regulating lawful behavior is always a loser.

Photo Source: Chang W. Lee/The New York Times

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