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Judge Invalidates Bloomberg’s ‘Big Gulp’ Ban

From CNBC:

Judge Invalidates ‘Capricious’ NYC Sugary Drink Ban

March 11, 2013

A judge on Monday invalidated New York City’s plan to ban large sugary drinks from restaurants, movie theaters and other establishments, one day before the new law was to take effect.

State Supreme Court Justice Milton Tingling [sic] in Manhattan ruled the new regulation was "arbitrary and capricious" and declared it invalid, after the American Beverage Association and other business groups had sued the city challenging the ban.

Bottom line, Tingling ruled, New York City Mayor Michael Bloomberg and the city’s Board of Health did not have the authority to issue the soda ban.

But Mr. Bloomberg is the (illegally elected in violation of term limits) Mayor! He can do executive orders just like our President. His word is law.

At a press conference Monday evening, New York City Mayor Michael Bloomberg decried the judge’s ruling and vowed to appeal. Unlike most states, the New York Supreme Court is a trial court, and two appeals courts are above it.

Don’t worry, the city will keep appealing until they find a ‘more liberal’ judge. Which should be easy enough in New York.

Touting New York public health policies from the last decade — banning smoking in the work place to banning trans fats and to posting letter grades in restaurants — Bloomberg emphasized that the large sugary beverage rule is about saving lives…

The worst kind of dictators are the ones who claim to be doing things for your own good.

"But as far as we have come, there is one public health crisis that has grown worse and worse over the years, and that is obesity," he said. "Five thousand people will die of obesity this year in New York. The best science tells us that sugary drinks are a cause of obesity." …

Then try to outlaw them via legislative action. Make sugary drinks a controlled substance. Don’t do it by executive fiat.

In anticipation of the soda ban, Bloomberg on Monday released new data tying sugary drinks to the city’s fattest neighborhoods. The new city study showed nine of the neighborhoods with the 10 highest obesity rates were also the highest in sugary drink consumption. At the other end, the three least obese neighborhoods were also the lowest in sugary drink consumption…

They know which neighborhoods are the most fat, and which consume the most sugary drinks? Really? No, they just make up these stats and hope no one notices.

From CNS News:

Mayor Bloomberg: ‘We’re Not Banning Anything; It’s Called Portion Control’

By Fred Lucas | March 11, 2013

(CNSNews.com) – New York City Mayor Michael Bloomberg said the large soda ban set to go into effect this month at city restaurants, street vendors and movie theaters is how government tells the public what’s in their best interest.

“We’re not banning anything. It’s called portion control,” Bloomberg said Sunday on CBS’s "Face the Nation." “It’s a typical way that companies use to and governments use to explain to people what’s in their interest and what isn’t.” …

And they "explain what’s in their interests" by saying you can’t have it.

But speaking of portions, didn’t Mr. Bloomberg violated New York City’s term limit law to run for Mayor for a third time?

During the CBS interview on Sunday, host Bob Schieffer asked, “Already we’re seeing some people who are saying, ‘This is making it really hard on us,’ not necessarily people who sell those sugary sodas, but people like, well, Starbucks. They don’t know what to do about some of the coffees that they sell. What about all that?”

Bloomberg dismissed the concerns.

“Number one, that’s ridiculous. They can figure out — Starbucks knows how to market things, knows how to package things,” Bloomberg said. “They can change instantly when it’s in their interest to do so. This is in the country’s interest. This year, for the first time in the history of the world, more people will die from too much food than from too little food…"

Speaking of making up statistics.

This article was posted by Steve Gilbert on Tuesday, March 12th, 2013. Comments are currently closed.

3 Responses to “Judge Invalidates Bloomberg’s ‘Big Gulp’ Ban”

  1. Rusty Shackleford

    Well, chalk one up for the Constitution. At least, temporarily.

    Sadly, as Steve points out, there are far more fellow travelers of Doomberg’s ilk than otherwise.

    Somewhere along the line, people in political and judicial power got the notion that they are supposed to protect people instead of protecting the laws as written. It’s a fine edge, to be sure but the difference is very distinct. Thus, we have “hate crimes” now and “illegal words” even.

    Corporate America has even made it worse by firing people for exercising their right to free speech, using the argument that you can’t do that on company time or property. By failing to uphold all of the company’s “equal opportunity” rules and regulations, or even if you accidentally offend someone, you can be terminated.

    So we’ve hobbled ourselves. All at the hands of the national socialist/liberal left. All in the name of “fairness” and “equality”.

    Eventually, and actually even now, business conducted has come to a ridiculous pace, having to pay homage to all the “diversity” in the business world. In other words, if you also don’t say something in glowing admiration to the woman/black/minority in the room, you are a racist and someone will complain.

    Though I don’t wish to return to 1960’s racism, the fact that the government got involved at all has assured us that it will go on for many generations; Well past the normal life cycles of such things. I had hoped that in my 50’s blacks and whites and people of all backgrounds, colors and religions would see the US as a great place to live and work, so long as everyone held faith in the idea that “my rights end where someone else’s nose begins” and so on.

    Unfortunately, we have have so many agenda-driven axe-grinders in government now…all with the same chip on their shoulders, the same contrived anger all because at sometime in our history there were slaves.

    The first slaves in the colonies were indentured servants, something they don’t teach in grade-school anymore. I learned it in the fourth grade. Indentured servants came to the New World as a slave who, after a certain period of time, would earn their freedom and be able to live their own life. Sadly, many masters of said servants found it far more compelling to work them to death, poorly feed them and/or let them die when they became ill.

    But blacks don’t want to hear about that. Or that slavery still exists in 70% of the world. They have the pitifully naive notion that it’s only a “blacks in the US” thing. Well….there are societies in Africa to this day that enslave fellow blacks and are brutal and cruel.

    But….again, you’ll never hear from ol’s race-baiter Jesse or Al about that. In fact, I doubt those two are even aware of it.

    Such is the selective outrage of the committed leftist.

  2. captstubby

    very good observation,
    its rare that
    even the Black Racist [there,i said it!]
    Paul Robeson in his book African American Cultural Movements—confirms the facts…

    “the first colony inVirginia. , the bulk of the immigrants were European indentured servants who were bound by a fixed term contract of several years of labor.

    First African Immigrants

    It is ironic that the first Africans to permanently settle in British North America were captives from a Dutch man-of-war or naval ship who were sold to the Jamestown,Virginia colony in 1619. They arrived “Before the Mayflower” and became indentured servants along with other white migrants from Europe. The Africans were sold into the contract labor system of indentured servitude like most white migrants because alegalized system of slavery had not yet been organized in the new British colonies. Asimilar process occurred in the new Dutch Colony of New Amsterdam on Manhattan Island.

    A free African Community developed in the 1640’s in Virginia in the Tidewater area of the Eastern Shore, along banks of the Pungoteaque River. It was here that the first community of Black property owners was established. The human drama of these forgotten African Families is an inspiring story.In 1625 there were only 23 Africans in the Virginia Colony, by the 1650’s the figure increased to more than 300 African Freemen and indentured servants. Between 1670 and1680 this African population increased from 2,000 to 3,000.”

    and of course this will be overruled by this new edition to Black History,
    which will be required reading…

    http://www.randallrobinson.com/index.html

    • captstubby

      my error

      the link to this book was off,
      it should have been this.
      .

      The Debt
      What America Owes to Blacks
      In this powerful and controversial book, distinguished African-American political leader and thinker Randall Robinson makes a persuasive case for the restoration of the rich history that slavery and segregation severed. Drawing from research and personal experience, he shows that only by reclaiming their lost past and proud heritage can blacks lay the foundation for a viable future. And white Americans can make reparations for slavery and the century of de jure racial discrimination that followed with monetary restitution, educational programs, and the kinds of equal opportunities that will ensure the social and economic success of all citizens.

      A book that is both an unflinching indictment of past wrongs and an impassioned call to our nation to educate all Americans—black and white alike—about the history of Africa and its people, The Debt tells us in no uncertain terms what white America owes blacks and what blacks owe themselves.

      Randall Robinson is the author of MAKEDA, An Unbroken Agony and the national best sellers The Debt, The Reckoning, Quitting America, and Defending the Spirit, as well as the novel The Emancipation of Wakefield Clay. He is a professor of law at Penn State Law School and is the creator, co-producer, and host of the public television human rights series World on Trial. Robinson lives with his wife Hazel in St. Kitts, West Indies.




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