Judge blocks Bloomie's big gulp ban

Judge blocks Bloomie's big gulp ban

Michael Bloomberg
A sadder but likely no wiser Bloomie

Ah, the best-laid plans of mice and “independent” politicians who govern from the far left! New York’s Mayor Michael Bloomberg was all set to savor his latest victory when a State Supreme Court judge stepped in on Monday and said, “No dice.” The Wall Street Journal reports:

The city is ‘enjoined and permanently restrained from implementing or enforcing the new regulations,’ wrote New York Supreme Court Judge Milton Tingling, blocking the rules one day before they would have taken effect….

At issue was a preposterous prohibition on ordering soft drinks larger than 16 ounces. Bloomberg himself acknowledged the folly of such a law, noting on more than once occasion that there was nothing in the ordinance preventing a consumer from buying more than one beverage with a combined volume of more than 16 ounces.

Trending: Michael Avenatti’s statement claiming innocence of abuse charges is one for the books

In issuing the injunction, which can be read here, Tingling said that the drink regulations are “fraught with arbitrary and capricious consequences.” He concluded moreover that the Bloomberg-appointed Board of Health had overstepped its authority to “limit or ban a legal item under the guise of ‘controlling chronic disease’,” adding that the proper forum for the drink restrictions would be the city council, which “alone has the authority to legislate as the board seeks to do here.” The judge added that Bloomberg’s meddling in people’s drink orders raises the problem of untrammeled regulatory power “to new heights.”

Deli and pizzeria owners had complained that the law would result in a price hike for consumers, but Bloomie turned a deaf ear on them.

The city has vowed to appeal the judge’s decision, though smart money says the case dies here.

Related Articles

Follow me on Twitter or join me at Facebook.

For your convenience, you may leave commments below using either the Spot.IM commenting system or the Facebook commenting system. If Spot.IM is not appearing for you, please disable AdBlock to leave a comment.

Howard Portnoy

Howard Portnoy

Howard Portnoy has written for The Blaze, HotAir, NewsBusters, Weasel Zippers, Conservative Firing Line, RedCounty, and New York’s Daily News. He has one published novel, Hot Rain, (G. P. Putnam’s Sons), and has been a guest on Radio Vice Online with Jim Vicevich, The Alana Burke Show, Smart Life with Dr. Gina, and The George Espenlaub Show.


Commenting Policy

We have no tolerance for comments containing violence, racism, profanity, vulgarity, doxing, or discourteous behavior. If a comment is spam, instead of replying to it please hover over that comment, click the ∨ icon, and mark it as spam. Thank you for partnering with us to maintain fruitful conversation.