Nanny state- 0
Liberty - 1
Great news New Yorkers! You can still order that large soda with your pizza. New York Supreme Court Judge Milton Tingling has struck down New York City Mayor Michael Bloomberg's "big gulp" ban on large sugary drinks. According to Fox News, the judge called Bloomberg's ban "arbitrary and capricious." The arbitrary and capricious regulations were supposed to go into effect tomorrow.
New York Supreme Court Judge Milton Tingling commented that NYC is "enjoined and permanently restrained from implementing or enforcing the new regulations," according to the WSJ. "The simple reading of the rule leads to the earlier acknowledged uneven enforcement even within a particular city block, much less the city as a whole...the loopholes in this rule effectively defeat the state purpose of the rule," he continued.
Milton was elected by New York County constituents, not appointed by Mayor Bloomberg.
UPDATE: More from the WSJ:
In his ruling, Judge Tingling found the Board of Health's mission is to protect New Yorkers by providing regulations that prevent and protect against diseases. Those powers, he argued, don't include the authority to "limit or ban a legal item under the guise of 'controlling chronic disease.' "
The board may supervise and regulate the city's food supply when it affects public health, but the City Charter clearly outlines when such steps may be taken: According to Judge Tingling, the city must face imminent danger due to disease.
"That has not been demonstrated," he wrote.
Judge Tingling also suggested that Mr. Bloomberg overstepped his powers by bringing the sugary drink rules before the Board of Health, which is solely appointed by him. The City Council, he wrote, is the legislative body "and it alone has the authority to legislate as the board seeks to do here."
Unfortunately, businesses have already spent large amounts of money complying with the rule.
Across New York City, restaurants, bars and movie theaters had already started bracing for the change.
Brother Jimmy's BBQ, a chain with five locations in the city, had already ordered 1,000 new glasses for soft drinks at their five New York City locations. The restaurants serve soda in 24-oz. glasses, CEO Josh Lebowitz said earlier this month—8 oz. more than city's new rules.
Update: Bloomberg will appeal the decision.
The response of repeal from Bloomberg is not sitting well.