Appeals court rules against NYC soda ban

[Marcus Aurelius]

http://www.foxnews.com/politics/2013/07/30/appeals-court-rules-against-nyc-soda-ban/


A New York appeals court on Tuesday ruled that the city Board of Health exceeded its legal authority and acted unconstitutionally when it tried to put a size limit on soft drinks served in city restaurants.

"The Board of Health overstepped the boundaries of its lawfully delegated authority," the court said in its decision.
The state Supreme Court Appellate Division, with its opinion, upheld an earlier ruling that stopped the ban from taking effect in March. The rule would stop many eateries from selling non-diet soda and other sugar-laden beverages in containers bigger than 16 ounces.


Have a Big Gulp, a cookie, and shut the fuck up, Mr. Mayor!:cool:

[Kathianne]

Ah, Bloomberg is not shutting up:

http://www.mediaite.com/online/third-times-the-charm-appeals-court-upholds-overturning-nyc-soda-ban-bloomberg-to-appeal-again/


Third Time’s The Charm? Appeals Court Upholds Overturning NYC Soda Ban, Bloomberg To Appeal Again

by Josh Feldman (http://www.mediaite.com/author/josh-feldman/) | 4:36 pm, July 30th, 2013

New Yorkers, get ready to swill massive quantities of soda again, because a New York appeals court just overturned (http://www.reuters.com/article/2013/07/30/us-sodaban-lawsuit-idUSBRE96T0UT20130730) Mayor Michael Bloomberg‘s ban on soft drinks over 16 ounces. The appeals court upheld the decision (http://www.mediaite.com/online/nyc-judge-overturns-mike-bloomberg%E2%80%99s-%E2%80%98arbitrary-and-capricious-soda-ban/) by a lower court in March that the proposed law would be “arbitrary and capricious.” Bloomberg appealed that decision, and in a statement released today, he said he will appeal this one as well.

According to Reuters (http://www.reuters.com/article/2013/07/30/us-sodaban-lawsuit-idUSBRE96T0UT20130730), the court ruled that the law was in violation of “the state principle of separation of powers” and went beyond the scope of simply encouraging New Yorkers to make healthier decisions.


In particular, the court focused on the law’s loopholes, which exempted businesses not under the auspices of the city’s health department and left certain drinks, such as milk-based beverages, unaffected…

“The exceptions did not … reflect the agency’s charge to protect public health but instead reflected the agency’s own policy decisions regarding balancing the relative importance of protecting public health with ensuring the economic viability of certain industries,” Justice Dianne Renwick wrote for the court.


Bloomberg, naturally, was not happy with the decision (http://www.nyc.gov/portal/site/nycgov/menuitem.c0935b9a57bb4ef3daf2f1c701c789a0/index.jsp?pageID=mayor_press_release&catID=1194&doc_name=http%3A%2F%2Fwww.nyc.gov%2Fhtml%2Fom%2Fht ml%2F2013b%2Fpr261-13.html&cc=unused1978&rc=1194&ndi=1), and plans to appeal it once again.


“Since New York City’s ground-breaking limit on the portion size of sugary beverages was prevented from going into effect on March 12th, more than 2,000 New Yorkers have died from the effects of diabetes. Also during that time, the American Medical Association determined that obesity is a disease and the New England Journal of Medicine released a study showing the deadly, and irreversible, health impacts of obesity and Type 2 diabetes – both of which are disproportionately linked to sugary drink consumption. Today’s decision is a temporary setback, and we plan to appeal this decision as we continue the fight against the obesity epidemic.”


If courts keep rejecting the ban and Bloomberg keeps fighting it, could we see the future of soft drink bans decided before the Supreme Court?
—–

[red states rule]

Of course the liberal media paints the defeat as a blow to Bloomturd and not a win for the free market

I keep forgetting that libs know what is best for all of us and we need to shut up and do what we are told :laugh2:





New York City Mayor Michael Bloomberg’s sugary drinks ban fell flat Tuesday, when a state appeals court ruled it an unconstitutional abuse of the city’s power.

It’s another blow to the ambitious effort to crack down on obesity, although Bloomberg quickly promised to appeal, calling the ruling a “temporary setback.”

Bloomberg proposed the policy — which would block restaurants, delis, fast-food chains and movie theaters from selling sugary drinks larger than 16 ounces — last year, arguing that it would help fight climbing obesity rates and bring health costs down. The City Council balked at the plan, but the city Board of Health adopted the proposal anyway.

Read more: http://www.politico.com/story/2013/07/new-york-city-soda-ban-appeals-court-94916.html#ixzz2abkZXcpB