Citing 'Capricious' Consequences, Judge Halts City's Large Drink Ban

, New York Law Journal

   |4 Comments

Manhattan Supreme Court Justice Milton Tingling held that although the city's Board of Health has "very broad" powers, they do not include "the authority to limit or ban a legal item under the guise of 'controlling chronic disease.'" He also said the legality of the code was crippled by the loopholes in the rule.

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What's being said

  • Publius Gaius Arbiter

    [Spelling correction]
    Mayor Mike's adamantine obsession with gargantuan sodas exceeds concern over Federal budget cuts ("sequesters"). Bravo to portly Justice Tingling! Now, what legal authority did the Little Flower Fiorello LaGuardia have to ban the sale and possession of baby artichokes in 1935?
    --------------Publius Gaius Arbiter

  • Publius Gaius Arbiter

    Mayor Mike's adamantine obsession with gargantuan sodas exceeds concern over Federal budget cuts ("sequesters"). Bravo to portly Justice Tingling! Now, what legal authority did the Little Flower Fiorello LaGuardia have to ban the sale and possession or baby artichokes in 1935?

  • Tom

    That "sigh of relief" is actually the sound of obese people catching their breath after getting up from their arm chairs.

    If we can't keep people from gluttony, we should institute risk based health care premiums. I'm not particularly keen on paying for a teen's diabetes treatment when the disease is completely self inflicted.

  • Michael

    Hopefully the appeals process moves very slowly, and Mayor McCheese's illegal third term expires PRIOR to his bribing and paying off either the Appellate Term/Division or the City Council, in his attempt to add yet another tax on the citizenry or add more illegallly obtained treasure to the City's coffers. Until the city criminalizes 'large sodas' there is no way logic, the law or un-common sense would ever agree that the government's function now includes 'portion control'. While his do-nothing NYPD continues to allow illegal handguns into the city and the hands of criminals (some cops are actually selling the guns); while his transportation, sanitation and other city services crumble into public servant fifedoms, Mayor McCheese worries not, as he will fly to Bermuda when a storm is coming; he will go harass LEGAL GUN OWNERS IN OTHER STATES, before he requests Ms. Kelly to explain why the NYPD can't stop the gun violence. Her Honor needs to resign immediately, and do us all a favor by writing a single check to balance the city budget. Then he can continue to steal talent from the City (by hiring the VERY FEW intelligent deputy mayors for his private company) and continue to prove that City Government cares only for the rich and elite, to the detriment of the middle class, working class and the poor. I hope to celebrate by tossing a few thousand three litre bottle onto the lawn @ Gracie Mansion...oh wait, Her Worshipfulness doesn't even live there..........

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