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Judge Overturns NYC’s Soda Ban

Mar. 11, 2013 3:16pm
New York Judge Invalidates New York Citys Sugary Drinks Ban

New York City Mayor Michael Bloomberg. (Getty Images).

A state judge has overturned New York City’s proposed ban all sugary drinks larger than 16 ounces, ruling the new regulations illegal.

New York City is “enjoined and permanently restrained from implementing or enforcing the new regulations,” New York Supreme Court Judge Milton Tingling decided Monday, adding that Mayor Michael Bloomberg’s attempts at “portion control” were both “arbitrary” and “capricious.”

“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 … the loopholes in this rule effectively defeat the state purpose of the rule,” the decision reads.

Judge Tingling in his ruling explains that the Board of Health’s duty is to protect city residents by “providing regulations that prevent and protect against diseases,” as the Wall Street Journal notes.

It does not, he argues, have the authority to “limit or ban a legal item under the guise of ‘controlling chronic disease.’”

“The board may supervise and regulate the city’s food supply when it affects public health, but the City Charter clearly outlines when such steps may be taken,” the WSJ adds.

In order for city officials to impose something along the lines of Mayor Bloomberg’s sugary drinks ban, the city must face “imminent danger due to disease,” according to Tingling’s decision.

“That has not been demonstrated,” he notes.

The judge also said Mayor Bloomberg stepped outside the boundaries of his authority when he presented the Board of Health — “which is solely appointed by him” – with the ban.

The City Council, the decision explains, is the legislative body “and it alone has the authority to legislate as the board seeks to do here.”

Unsurprisingly, Mayor Bloomberg has vowed to fight Monday’s ruling:

Here’s Judge Tingling’s decision:

Scheduled to take effect March 12, the new law would have affected theaters, cart vendors, coffee shops, restaurants, and sports venues, TheBlaze noted earlier today.

The regulations would not have affected grocery or convenience stores that don’t serve prepared food, CBS New York points out. The ban also wouldn’t have applied to non-sugary drinks, diet soda, “or anything that has at least 50 percent milk or milk substitute.”

UPDATE: Mayor Bloomberg called together an emergency presser to address Monday’s ruling. He said he is confident that they will be able to reverse the court’s decision and that he believes the judge got it “completely wrong.”

“We believe the judge is totally in error in how he interpreted the law, and we are confident we will win on appeal,” Bloomberg said. He added: “One of the cases we will make is that people are dying every day. This is not a joke. Five thousand people die of obesity every day in America.”

Meanwhile, here’s TheBlaze’s Doc Thompson celebrating Judge Tingling’s ruling:

New York Judge Invalidates New York Citys Sugary Drinks Ban

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Featured image Getty Images. This post has been updated.

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Comments (200)

1 2 3 … 6
  • maggiepie
    Posted on March 11, 2013 at 3:34pm

    Poor Nanny Bloomberg. That judge should rule all his ideas unconstitutional. People have the right
    to make their own decisions.

    Report this comment

    maggiepie  
    • whatthecrazy
      Posted on March 11, 2013 at 4:20pm

      I like Crissy Mathews have found my Tingling,it’s just not going up my leg and it can rule over idiots like Bloomberg. SAAAweet

      Report this comment

      whatthecrazy  
    • AvengerK
      Posted on March 11, 2013 at 5:13pm

      but…but you don’t understand…Bloomberg’s taking stuff away from you for your own good. He knows better than you…it’s for the people man….

      Report this comment

      AvengerK  
    • OldSkoolDJ
      Posted on March 11, 2013 at 5:37pm

      Hey doomberg – the court says you’re an idiot!!!! Hahahahahahahahahahahahahahahahahahahahahahhahahahaha!!!!!

      Report this comment

      OldSkoolDJ  
    • michaelmoron
      Posted on March 11, 2013 at 8:14pm

      Bloomberg = Loser

      Laughing in your face !!!!

      Report this comment

      michaelmoron  
    • YOURSENSEI
      Posted on March 11, 2013 at 8:51pm

      This is what you must know:

      Big gulps. Quite a win. Of course, Colorado passed several gun control laws today, so we got that going for us. But hey, nice Tub o Coke in the W column for y’all. LOL

      It is so.

      Report this comment

      YOURSENSEI  
    • The_Jerk
      Posted on March 11, 2013 at 8:52pm

      Milton Tingling must not be a cultural changer.

      Report this comment

      The_Jerk  
    • RANGER1965
      Posted on March 11, 2013 at 9:25pm

      It’s interesting to watch a system that the liberal progressive depends on bite them in the **** from time to time. The regulations utterly reek of unconstitutional malarkey.

      The court’s can’t rule on a law that’s not passed, but you can bet the moronic show and tell Colorado Legislature will also be overturned. It was all show and tell anyway. The Progressive Socialists can stick a feather in their liberal hat and say “look what we tried to do! It’s not our fault that the courts overturned it.”

      Much ado about nothing really. Bloomberg is truly stupid, so perhaps he didn’t know, but the Colorado legislature knows all of this hot air will be overturned.

      It’s like all this Gun Control nonsense in the Senate, it won’t get out of the Senate because too many Dems are from Gun friendly states, much less the house where it would die a truly ugly death.

      Just alot of nonsense, and posturing.

      Report this comment

      RANGER1965  
    • susanm621
      Posted on March 11, 2013 at 9:38pm

      its getting pretty bad when you need a judge to answer on what size drink you have to drink.

      Report this comment

      susanm621  
    • michaelmoron
      Posted on March 11, 2013 at 9:56pm

      @YOURSENSELESS

      This is what you must know:

      Any Public Trustee that violates their oath to uphold the Constitution is guilty of Breach of Trust,
      Perjury and Treason. The Lawsuits will begin and the charges will be filed.
      Heads will roll. Your friends will regret their actions.

      It is so.

      Report this comment

      michaelmoron  
    • RabidPatriot
      Posted on March 11, 2013 at 10:46pm

      Progressives are or are attempting to steal away your freedoms and liberties everyday. Serious rights. The new America only cares if it is their right to soda. How sad.

      Report this comment

      RabidPatriot  
    • TH777
      Posted on March 12, 2013 at 12:24am

      Don’t we have bigger problems in this Country other than what size drink we have??? I don’t need another Mommy and Daddy! Since when does the government have a right to choose what size drink I have?? Kiss my keesta!! Good for you judge!! I only hope you stick with your decision!

      Report this comment

      TH777  
    • YOURSENSEI
      Posted on March 12, 2013 at 12:55am

      Mr or Ms MICHAELMORON,

      This is what you must know:

      Check your adhesion.

      It is so.

      Report this comment

      YOURSENSEI  
    • naughtycal
      Posted on March 12, 2013 at 7:19am

      Exactly, This is beyond a step to far. Whats next stop people from selling any foods that the state deams unhealthy, Ribs,French fries,fried chicken,process meats,any steak bigger than 4 ounces.
      This law is a clear violation of our Constitution buts its a big effing poster child for how fascist the the left truely is. And which party really wants to steal all rights and create absolute powerful central government. Bloomberg is a prime example of what the democrats represent.

      Report this comment

      naughtycal  
    • michaelmoron
      Posted on March 13, 2013 at 9:09pm

      @youresenseless

      This is what you must know.

      Anything you consider adhesion, is in fact, unconscionable.

      12 people will say it is so.

      Report this comment

      michaelmoron  
  • aproudinfidel
    Posted on March 11, 2013 at 3:33pm

    Maybe that judge will overturn Bloomberg. What a moron he is.

    Report this comment

    aproudinfidel  
    • RANGER1965
      Posted on March 11, 2013 at 9:27pm

      He truly is. Unlike the Colorado Legislature which knows all of their posturing will be overturned shortly after it’s ratified, in fact they are depending on it.

      But Bloomberg is truly in a category all by himself. Arrogance blinds him.

      Report this comment

      RANGER1965  
  • MisterSarcastic
    Posted on March 11, 2013 at 3:33pm

    It’s great that the law was over turned. It’s sad that we’ve devolved to a point that a judge has to decide how much we can drink.

    Report this comment

    MisterSarcastic  
    • Silvertruth
      Posted on March 11, 2013 at 8:03pm

      Actually, the judge is saying that the mayor doesn’t have the right to tell you how much you can drink. He’s not limiting or affecting what you can or cannot drink. The judge also said that the law would be in the hands of the city council, not the mayor’s pet health department. (lower case is intentional)

      Report this comment

      Silvertruth  
  • SamIamTwo
    Posted on March 11, 2013 at 3:32pm

    Buwahhahahahahaha…poor Dumbberg.

    I can’t wait to hear what he has to say…arrogant little man…rich one at that.

    Report this comment

    SamIamTwo  
    • AvengerK
      Posted on March 11, 2013 at 5:14pm

      You won’t believe what he said….

      “we’re not banning anything..it’s called portion control”. If a statement like that doesn’t scare the hell out of you when it’s uttered by a politician…then you’re beyond help.

      Report this comment

      AvengerK  
    • Neno
      Posted on March 11, 2013 at 6:26pm

      I think the USSR did the same thing with portion control. So get ready to wait 3hrs in line for bread

      Report this comment

      Neno  
  • thegreatcarnac
    Posted on March 11, 2013 at 3:32pm

    A New York judge with some since????? That doesn’t happen often.

    Report this comment

    thegreatcarnac  
    • KevINtampa
      Posted on March 11, 2013 at 3:40pm

      Sense when?

      Report this comment

      KevINtampa  
    • PATTY HENRY
      Posted on March 11, 2013 at 4:07pm

      :))) (Kevin)

      Report this comment

      PATTY HENRY  
    • thegreatcarnac
      Posted on March 11, 2013 at 4:21pm

      sense>>>>>>>>>>>>>>>>>>>>>>>not since…

      Report this comment

      thegreatcarnac  
    • thegreatcarnac
      Posted on March 11, 2013 at 4:23pm

      KEVIN….it was a typo. Now…you can bet I will be watching your posts very closely….you POS.

      Report this comment

      thegreatcarnac  
    • thegreatcarnac
      Posted on March 11, 2013 at 4:24pm

      Awe! Patty thinks Kevin is sooo funny.

      Report this comment

      thegreatcarnac  
    • Joesdomicial
      Posted on March 11, 2013 at 4:45pm

      I think Kevin got THEGREATCARNAC a little **** hurt! I have to admit, that was pretty funny! Oh, by the way THEGREATCARNAC, your mistake was in fact a misuse of a word, not a typo….Just wanted to clarify since you seem to be getting so upset with Kevin for pointing it out!

      Report this comment

      Joesdomicial  
    • wilbstal
      Posted on March 11, 2013 at 4:51pm

      get lost Bloomberg is a jerk

      Report this comment

      wilbstal  
    • shorelineliz
      Posted on March 11, 2013 at 4:57pm

      cool.

      Report this comment

      shorelineliz  
    • AlansTigg
      Posted on March 11, 2013 at 5:31pm

      wow… a little sensitive? It was funny. You might want to stop taking everything so seriously, it won’t help you survive the trials ahead. Don’t cha know laughter is good for the soul? Also happens to be good for the body.

      Report this comment

      AlansTigg  
    • snooop1e
      Posted on March 11, 2013 at 5:38pm

      @KEVIN and THE GREATCANAC – Thanks for a great laugh, I needed that, you guys have a great since of humor ; )

      Report this comment

      snooop1e  
    • gauge
      Posted on March 11, 2013 at 5:39pm

      HaHa If it was a typo, then it might have been spelled swnse,sdnce, or maybe srnce
      But you had to go clear across that keyboard to press the “i” key. LOL

      Report this comment

      gauge  
    • whatahka
      Posted on March 11, 2013 at 6:08pm

      Can I chime in with my two since, sense nobody here is making cents?

      Report this comment

      whatahka  
    • whatthecrazy
      Posted on March 11, 2013 at 6:12pm

      This is freakin funny… lol…. for a minute i thought i was on the playground.:):):)

      Report this comment

      whatthecrazy  
    • spirited
      Posted on March 11, 2013 at 8:01pm

      Does it make sence?

      Report this comment

      spirited  
    • The Giver
      Posted on March 11, 2013 at 9:02pm

      Since, scents, sense or cents… Everyone here knows what you meant. I agree with you 100%. I was shocked that Bloomberg would have been reduced to begging for ration control by any NY judge. Some sanity with Rand Paul last week and now more sanity… One day at a time. Rations of sanity is all I ask for now.

      Report this comment

      The Giver  
    • Chaoleo
      Posted on March 12, 2013 at 10:52pm

      Down south we call it “seance.”

      Report this comment

      Chaoleo  
  • RougeFastFingers
    Posted on March 11, 2013 at 3:32pm

    More bad news for Nanny Benito.

    Rhat’s a shame.

    Report this comment

    RougeFastFingers  
  • dosdelgados
    Posted on March 11, 2013 at 3:32pm

    I feel so bad for all the business owners who’ve spent the last few months sacrificing precious capital and time to abide by the stupid regulation, just so they could stay in business.

    Report this comment

    dosdelgados  
    • CatB
      Posted on March 11, 2013 at 4:03pm

      I agree .. they threw out cups and product already .. they should sue the city in small claims court for the losses.. Or .. Nanny Bloomberg PERSONALLY ;-)

      Report this comment

      CatB  
    • OlefromMN
      Posted on March 11, 2013 at 6:49pm

      If I owned a business in NYC I would not have opened up any new boxes of cups/glassware until the regulation was fully implemented (actually I would have found a loophole and ignored the regulation) . Hopefully the businesses will be able to return the unused “compliant” drinkware and recoup some of their expenses.

      Report this comment

      OlefromMN  
    • team1blazer
      Posted on March 11, 2013 at 10:24pm

      I don’t feel sorry for them at all. They are idiots for putting up with the unconstitutional rules in the first place. If you are not willing to fight for liberty, you don’t deserve it.

      Report this comment

      team1blazer  
  • wilbstal
    Posted on March 11, 2013 at 3:30pm

    Please Mr Judge keep your eyes toward the sky for one of Obams Drones and IRS audit from Bloomberg. NYC needs to get armed and shoot their way to freedoms this is what it will take I see it now. Hang the guilty Tranical offenders as it says in the Constitution ahnd Bill of rights.. get it done

    Report this comment

    wilbstal  
  • Budrow
    Posted on March 11, 2013 at 3:29pm

    That “ban” is only one of the more asinine things to come down the pike in recent years. The ban on guns is equally as rediculous.

    Report this comment

    Budrow  
    • Al J Zira
      Posted on March 11, 2013 at 4:13pm

      I agree. I’m really hoping this judge gets to hear arguments against Cuomo’s ridiculous gun controls.

      Report this comment

      Al J Zira  
    • Dethklok91
      Posted on March 13, 2013 at 1:14am

      I know. It’s funny how they were willing to repeal the soda ban, but still refuse to repeal the gun ban.

      Report this comment

      Dethklok91  
  • Seagal45
    Posted on March 11, 2013 at 3:29pm

    Oh my did an outbreak of common sense just occur??

    Report this comment

    Seagal45  
  • TGS
    Posted on March 11, 2013 at 3:29pm

    I’m going to 7/11 shortly to buy the biggest ridiculous Gulp they have.

    Report this comment

    TGS  
  • OldSurfRat
    Posted on March 11, 2013 at 3:27pm

    Man it must feel like the end of prohibition for yousss guys in NY.

    I think I’m going to go have coke no pepsi no coke. Hell I think I’ll have both.

    Report this comment

    OldSurfRat  
  • Eastinfection
    Posted on March 11, 2013 at 3:27pm

    Uh, oh… time for Bloomberg’s Plan B….. a ban on straws.

    Report this comment

    Eastinfection  
  • resme
    Posted on March 11, 2013 at 3:27pm

    WOW. The courts invalidated another law… My heart can bear no more.

    Report this comment

    resme  
  • termyt
    Posted on March 11, 2013 at 3:26pm

    So we do have an inherent right to large, sugary drinks.

    Freedom of Religion, Freedom of Speech, Self Defense, and Due Process, not so much.

    Report this comment

    termyt  
  • civilwarcometh
    Posted on March 11, 2013 at 3:26pm

    But will Bloomberg ignore it like he does the Constitution and still send out the brown shirts to enforce it?? Come Tuesday city inspectors will be armed with 17-ounce cups to police New York City Mayor Bloomberg’s controversial new law banning large sodas and other sugary drinks.

    The Health Department will begin implementing routine inspections to make sure eateries, including sit down restaurants and fast food chains, are not selling sugary beverages in servings larger than 16 ounces.

    Those inspectors will have specially ordered measuring cups to help them enforce the new rule, Deputy Health Commissioner Daniel Kass said in an affidavit recently filed as part of the legal challenge to Bloomberg’s anti-big-soda policy.

    ‘The measuring cups that we will be issuing … will be able to contain 17 fluid ounces,’ Kass said. Inspectors will issue violations when a cup is found to ‘clearly exceed’ 16 ounces ‘when measured in the inspector’s measuring cup,’ he added.

    Bloomberg proposed his oversized surgery beverage ban last May,as squelch unhealthy eating habits in New York.

    Report this comment

    civilwarcometh  
  • MotoMofo
    Posted on March 11, 2013 at 3:25pm

    Take that Momberg!

    Report this comment

    MotoMofo  
  • GardenoftheGods
    Posted on March 11, 2013 at 3:25pm

    I’m glad the judge stepped in and used some common sense along with the Constitution! Nanny Bloomberg thinks he has the right to dictate what you can & cannot do with your body. Freedom lovers have to stand up to these Progressive power grabbers & tell them NO! Kudos to this judge!

    Report this comment

    GardenoftheGods  
  • paulwbrown
    Posted on March 11, 2013 at 3:22pm

    Common sense prevails in the judiciary if not in the Bloomberg administration.

    Report this comment

    paulwbrown  
  • progressiveslayer
    Posted on March 11, 2013 at 3:22pm

    Good smack down the candy@ss statist.

    Report this comment

    progressiveslayer  
  • brigott
    Posted on March 11, 2013 at 3:22pm

    Meanwhile, the ban on Constitutional governance in America remains in full effect. This point of minutae is simply a distraction to make people believe that freedom does still exist, contrary to reality.

    Report this comment

    brigott  
  • nesmond
    Posted on March 11, 2013 at 3:20pm

    I guess that judge can kiss his/her career goodbye. Nice try though.

    Report this comment

    nesmond  
  • Sharon Rose
    Posted on March 11, 2013 at 3:19pm

    Oh my, Here is a judge with some sense.

    Report this comment

    Sharon Rose  
  • Sargeking
    Posted on March 11, 2013 at 3:19pm

    BWAHAHAHAHAHA….Mayor Doomberg!

    Report this comment

    Sargeking  
  • NanAnn
    Posted on March 11, 2013 at 3:19pm

    About time! Hope we are keeping the judge in office awhile.

    Report this comment

    NanAnn  
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