NY State Supreme Court judge ices Bloomberg’s #BigGulp ban

Posted by: ST on March 11, 2013 at 5:43 pm


A state judge today stopped City Hall from banning New York City restaurants and other venues from selling large sugary drinks — a bubble-bursting defeat for Mayor Bloomberg who has made public health a cornerstone of his tenure.

Before the earth-shaking ruling by New York Supreme Court Judge Milton Tingling, restaurants, movie theaters, sports venues, convenience stores and other places regulated by the city’s health department would have been prohibited — starting tomorrow — from selling sugary drinks of more than 16 ounces.

Tingling permanently stopped the city from enforcing the ban.

“[The city] is enjoined and permanently restrained from implementing or enforcing the new regulations,” New York Supreme Court Judge Milton Tingling ruled.

The judge said Bloomberg and the Board of Health overstepped their bounds, to enforce rules that should be established by the legislative bodies.

“The rule would not only violate the separation of powers doctrine, it would eviscerate it,” Tingling wrote. “Such an evisceration has the potential to be more troubling than sugar sweetened drinks.”


“It is arbitrary and capricious because it applies to some but not all food establishments in the city, it excludes other beverages that have significantly higher concentrations of sugar sweeteners and/or calories on suspect grounds, and the loopholes inherent in the rule, including but not limited to no limitations on refills, defeat and/or serve to gut the purpose of the rule,” Tingling wrote.

The Mayor’s office will, of course, appeal the decision.  Will be interesting to see how far this goes – and ultimately what the outcome will be. In the meantime, those 17-ounce “inspection cups” that “health inspectors” were to be using to make sure restaurants weren’t cheating will remain – for now –  on the shelf.

As they say, stay tuned …

My body, my choice

Ha! Photo via Stan Brooks/1010 WINS, as seen on CBS NY’s website.

Update – 6:18 PM: Tweet of the Day:


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6 Responses to “NY State Supreme Court judge ices Bloomberg’s #BigGulp ban”


  1. It will be interesting to see if the Commerce Clause does not somehow get pulled into the argument. After all, the Supreme Court has put itself through some extreme judicial contortions with it, such as using it as the justification for Obhammudcare.

  2. Brontefan says:

    In today’s world, you mean to tell me Mayor Bloomberg has nothing better to do than to find ways to legislate what New Yorkers eat and drink? Are there no real problems in NYC?

  3. Carlos says:

    A quote from Dumbberg’s response:

    “We have a responsibility as human beings to do something, to save each other, to save the lives of ourselves, our families, our friends, and all of the rest of the people that live on God’s planet…”

    This is the epitome of elitist nannyism. May the mayor rest in peace when nature is finally good enough to rid us of his blathering idiocy.

  4. mikeh420 says:

    In the words of the immortal Nelson Muntz:

    HA HA!