‘Big Gulp ban’ struck down by NY State Court of Appeals

Posted by: ST on June 26, 2014 at 5:45 pm
My body, my choice

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

Bad news for proponents of the Nanny State – via the New York Times (hat tip):

The Bloomberg big-soda ban is officially dead.

The state’s highest court on Thursday refused to reinstate New York City’s controversial limits on sales of jumbo sugary drinks, exhausting the city’s final appeal and handing a major victory to the American soft-drink industry, which bitterly opposed the plan.

In a 20-page opinion, Judge Eugene F. Pigott Jr. of the New York State Court of Appeals wrote that the city’s Board of Health “exceeded the scope of its regulatory authority” in enacting the proposal, which was championed by former Mayor Michael R. Bloomberg.

Two lower courts had already ruled against the city, saying it overreached in trying to prohibit the purchase of sugared drinks in containers larger than 16 ounces, about the size of a medium coffee cup. Ruling 4 to 2, the Court of Appeals upheld the earlier rulings.

Mayor Bill de Blasio, a frequent critic of Mr. Bloomberg but a supporter of the soda proposal, said he was “extremely disappointed” by the latest decision, saying it was “irrefutable” that sugary drinks has detrimental effects on health. The mayor said he would review other options for the city to combat obesity, but his team did not immediately specify what steps might be taken.

In the ruling, the judges said the City Council was the proper body to enact a policy of such sweep and complexity as the soda limits. The Council speaker, Melissa Mark-Viverito, opposes the proposal, and she said on Thursday that she was pleased with the court’s decision.

Two big rulings from two courts today reigning in the overreach of power at the federal and local levels. More, please!

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2 Responses to “‘Big Gulp ban’ struck down by NY State Court of Appeals”

Comments

  1. Carlos says:

    Why, when it’s about abortion it’s “My body, my choice,” but with sugary drinks (and donuts and snacks, etc.) it’s “Your body, our (the state’s) choice?”

    Seems a little selective, doesn’t it, about what’s important (a slim body, something Moochelle Thunderthighs probably never had and never will) and what’s not (a living human baby, up to and including birth)?

  2. Drew the Infidel says:

    Don’t drink diet sodas whatever you do. I’ve seen what they can do. I haven’t seen a woman drinking one yet who did not weigh 250.