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Mayor Bloomberg’s Soft Drink Rule Struck Down by Court

Posted by Steve Markowitz on March 11, 2013

The Wall Street Journal has reported that New York city Mayor Michael Bloomberg has been taken to task by a State Court.  Bloomberg attempted to enforce a ban on sugary drinks larger than 16 ounces that was slated to begin on March 12.  However, today in a stinging rebuke, New York State Supreme Court Judge Milton Tingling invalidated Bloomberg’s plan stating that he exceeded his authority by not having the plan passed by the City Council.  Judge Tingling’s findings included:

  • The Mayor’s regulations would “not only violate the separation of powers doctrine, it would eviscerate it.” ….. “Such an evisceration has the potential to be more troubling than sugar sweetened beverages.”
  • The Mayor’s regulations are “fraught with arbitrary and capricious consequences“.

While Judge Tingling’s rebuke was strong, it did not dampen the spirit of a Mayor who believes his position as a public servant offers him imperial powers.  Bloomberg stated he plans to appeal the ruling and will not bring the measure before the City Council, as required by the Court.  With typical Progressive logic, the mayor justified his position stating: “It would be irresponsible not to try to do everything we can to save lives.”

When taken in the overall context of Progressive endeavors to save people from themselves, the Mayor’s big gulp ban idea is remarkable.  The same government that offers people all sorts of handouts without strings attached now wants to control how people spend their money that was either received from that same government or through their hard labor’s.  It seems that George Orwell’s 1984 has finally arrived.


One Response to “Mayor Bloomberg’s Soft Drink Rule Struck Down by Court”

  1. […] than three weeks after a New York appellate court found his large soda container ban illegal, Bloomberg announced his next crusade, promoting gun […]

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