Soda jerks: NYC health inspectors to deploy with 17-ounce measuring cups tomorrow; Update: NY judge invalidates soda ban

posted at 3:46 pm on March 11, 2013 by Allahpundit

In a sane world, the moment Bloomberg found himself special-ordering custom-sized government-issued drinking glasses for city bureaucrats would have been the moment the fever broke and he realized that his stunningly successful career in finance and politics had ended in ruin and insanity. But no, apparently this is happening. Tomorrow.

Coming next: Size regulations on cup manufacturers?

The Health Department will begin implementing routine inspections to make sure eateries, including sit down restaurants and fast food chains, are not selling sugary beverages in servings larger than 16 ounces.

Those inspectors will have specially ordered measuring cups to help them enforce the new rule, Deputy Health Commissioner Daniel Kass said in an affidavit recently filed as part of the legal challenge to Bloomberg’s anti-big-soda policy…

‘The measuring cups that we will be issuing … will be able to contain 17 fluid ounces,’ Kass said. Inspectors will issue violations when a cup is found to ‘clearly exceed’ 16 ounces ‘when measured in the inspector’s measuring cup,’ he added.

There’s a profitable comedy to be made, probably starring Ben Stiller or Seth Rogen, about the life of an overzealous New York City soft-drink inspector and his mission to clean up the mean streets one fluid ounce at a time. And if you live in the city and you’re thinking about voting with your feet, bad news — the nanny-in-chief’s hoping to take this thing global:

“Everybody across this country should do it,” said Bloomberg, who has already called for the state to bar sugary soda over 16 ounces in stores.

And, he suggested, the crusade might not even stop there.

“In fact, obesity is a problem around the world,” he said. “It’s getting to be as serious if not more so than smoking.”

He said tough moves are necessary because the obesity epidemic will “bankrupt” the healthcare system – and, he suggested, because fat people can’t do their jobs as well as those in better shape.

Here’s the city’s fact sheet (in PDF form) to help restaurants, coffee shops, and convenient stores figure out if they’re bound by the new regulations or not. As was clear from the very beginning, the most arresting thing about Bloomberg’s ban is how haphazard it is. Jacob Sullum at Reason has a nice short dissection of that. Case in point: A 20-ounce black coffee is okay unless it has more than “about as much as three teaspoons” of sugar in it, although if half or more of the coffee is composed of milk (i.e. a latte) then the restaurant can add as much sugar as it likes because the nutritional value of milk somehow magically neutralizes the sugar and makes that concoction healthy-ish. (Sullum notes that a 60-calorie black coffee at Starbucks with four spoonfuls of sugar is banned while a milky 640-calorie large hot chocolate with whipped cream is fine.) But mind you, these restrictions apply only to the restaurant. If you like your coffee black and want a pound of sugar in there, no problem; just add the sugar yourself instead of asking Starbucks to do it behind the counter and you’re golden.

Another example? Okay: Bowling alleys, which you might visit once or twice a year if you’re an average New Yorker, are strictly bound by the city’s new regulations because they serve prepared food. Not bound: The neighborhood 7-11, which isn’t similarly regulated by the health department. That means that the fabled Big Gulp, the scourge of Bloomberg’s dream of shrinking waist sizes by shrinking sugary drinks, is still A-OK. But then, that’s likely by design. This scheme, like so many other liberal regulatory schemes these days, needs to fail in its objective so that more aggressive regulation can be undertaken. It’s win/win for Bloomberg. If there’s a very minor bit of weight loss among New Yorkers, that’s proof that this is “working” but could work better if he clamped down a bit more. If it doesn’t lead to weight loss, that’s proof that he needs to clamp down a lot more to make a dent. The fact that the ban is arbitrary isn’t a bug, it’s a feature.

Update: Apparently there is still such a thing as “too arbitrary.” Wow:

The city is “enjoined and permanently restrained from implementing or enforcing the new regulations,” New York Supreme Court Judge Milton Tingling decided Monday.

The regulations are “fraught with arbitrary and capricious consequences,” the judge wrote. “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.”

Looks like Bloomberg will have to move immediately to Plan B: More comprehensive regulation.


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Comment pages: 1 2

So there is one sane judge in New York. Who knew?

rbj on March 11, 2013 at 3:48 PM

My guess is this judge’s ruling is exactly what Bloomberg wanted.

bgibbs1000 on March 11, 2013 at 3:49 PM

Awww. The poor inspectors were chomping at the bit to impose the new utopia and reality had to make an appearance and ruin all their fun. Wah!

HotAirian on March 11, 2013 at 3:49 PM

He said tough moves are necessary because the obesity epidemic will “bankrupt” the healthcare system

Obamacare will bankrupt the healthcare system long before that, you fascist douchebag.

RadClown on March 11, 2013 at 3:50 PM

But they wont invalidate gun bans.

TX-96 on March 11, 2013 at 3:51 PM

This is a riot. I mean, come on. Stores and restaurants should be able to sell whatever size sodas they want. Let people decide whatever they want to buy.

bluegill on March 11, 2013 at 3:51 PM

I had my allotment of sugar bubble water today, but now I’m thinking of cracking open another can!

22044 on March 11, 2013 at 3:51 PM

Just as I should be able to buy whatever size MAGAZINE I want, too.

This is a riot. I mean, come on. Stores and restaurants should be able to sell whatever size sodas they want. Let people decide whatever they want to buy.

bluegill on March 11, 2013 at 3:51 PM

TX-96 on March 11, 2013 at 3:51 PM

Plastic bag bans are arbitrary, too.

Hat Trick on March 11, 2013 at 3:53 PM

Thank you, Judge Tingling! An Obama just ran up my leg!

Wait… what? GAH!!!

Gingotts on March 11, 2013 at 3:54 PM

Chris Christie now welcome in New York City.

SC.Charlie on March 11, 2013 at 3:56 PM

I’ll have two, then.

John the Libertarian on March 11, 2013 at 3:56 PM

Well it appears that some sanity was done by judge Tingling agaist the little napaleon bloomdong!

Wonder if blomdong will do as bho/team and just ignore the judges order?
L

letget on March 11, 2013 at 3:56 PM

Apparently there is still such a thing as “too arbitrary.”

Our legal professionals are just and wise. If only the law were arbitrary it would be fine. Problem is that it’s too arbitrary. See the difference?

beselfish on March 11, 2013 at 3:56 PM

They may take our lives, but they’ll never take our Big Gulps!!!

Blake on March 11, 2013 at 3:56 PM

Well, I’m sure Chrissy Matthews will be happily reporting

New York Supreme Court Judge Milton Tingling['s]

decision tonight.

M240H on March 11, 2013 at 3:56 PM

Even a soda, and a large size one at that, can bring up a diabetic’s sugar level, to stop an iminent diabetic seizure. Take that, Bloomie

skeeterbite on March 11, 2013 at 3:57 PM

Court b-slapped Bloomberg. Finally. This loon, is not above the law.

Raquel Pinkbullet on March 11, 2013 at 3:58 PM

And how much expense and disruption will the restaurants have gone through in prepared for implementation of the ban starting TOMORROW? The judges should have ruled LONG AGO!

michaelo on March 11, 2013 at 3:59 PM

This scheme, like so many other liberal regulatory schemes these days, needs to fail in its objective so that more aggressive regulation can be undertaken. It’s win/win for Bloomberg.

No offense AP, but please stop calling those Nanny-Statists that ‘L’ word closely associated with the concept of LIBERTY.

Anyone who goes to these lengths to curtain the people’s freedoms should NOT be credited with the use of that word.

Galt2009 on March 11, 2013 at 3:59 PM

Seriously, this law was a big mess. The only way they can enforce one that makes sense, is to ban all imbibing of liquids.

Blake on March 11, 2013 at 3:59 PM

If people are fat, then we need to bring back smoking. I thought libs like smoke?

Oil Can on March 11, 2013 at 3:59 PM

Long live Liberty.

Unless you are buying, you can’t tell me how much I can have.

Now, how many places using 20 oz cups were actualy giving you 20 oz or 12 oz with a pile of ice?

The profit in many places is in that space in the cup, and the profit is in the sodas.

Long live Liberty.

Wander on March 11, 2013 at 4:00 PM

Michelle Obama “Let’s move”, heh.

Schadenfreude on March 11, 2013 at 4:00 PM

AP: So, why did they wait until the day before it went into effect, to challenge it in court? Is their some tactical reason for proceeding that way?

Blake on March 11, 2013 at 4:00 PM

Lets ban stupidity, AKA bring back limited government.

Bloomberg and the people who elected him prove the more government does for us the more dim witted we become.

George Pataki When government accepts responsibility for people, then people no longer take responsibility for themselves.

Speakup on March 11, 2013 at 4:01 PM

You rock, Tingling! Love your name, too.

bluegill on March 11, 2013 at 4:03 PM

The regulations are “fraught with arbitrary and capricious consequences,” the judge wrote. “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.”

Is this about the Big Gulp ban, or Albany’s new gun law?

Alberta_Patriot on March 11, 2013 at 4:04 PM

Looks like Bloomberg will have to move immediately to Plan B: More comprehensive regulation.

Exactly. Ban ALL drinks, of any kind, larger than 16 ounces and the ban no longer is “arbitrary and capricious”.

Carnac on March 11, 2013 at 4:04 PM

Anyone who goes to these lengths to curtain the people’s freedoms should NOT be credited with the use of that word.

Galt2009 on March 11, 2013 at 3:59 PM

The definition has changed.

Nowadays Liberal is to liberty as gay is to happy. These words no longer mean what they used to. Quite the opposite in fact.

HotAirian on March 11, 2013 at 4:04 PM

When do the mandatory weigh-ins begin?

Mr. Curly on March 11, 2013 at 4:05 PM

I largely quit drinking soda a few years ago (occasionally have one if I eat out, but even then it’s rare) and I have to say, it’s had no effect on my weight. If anything, I’ve gained weight during this time. It’s almost as if I substituted the calories elsewhere…

Mullaney on March 11, 2013 at 4:05 PM

Well done, Judge!!

Khun Joe on March 11, 2013 at 4:05 PM

Awww. The poor inspectors were chomping at the bit to impose the new utopia and reality had to make an appearance and ruin all their fun. Wah!

HotAirian on March 11, 2013 at 3:49 PM

There was a local public affairs program on public access TV last night, two local health officials beaming about how great ObamaCare is going to be in the next couple of years. See, there are provisions in there to make people more healthy. Explain to them what to eat, and how to keep their weight at a healthy level. This is what we’re paying into ObamaCare for — for people to tell us what we can eat, drink, and how much we should exercise.

Here’s the ObamaCare tax for those without health insurance:

==== 1 Adult 2 Adults 3+ Adults
2014 1% AGI/$95 1% AGI/$190 1% AGI/$285
2015 2% AGI/$325 2% AGI/$650 2% AGI/$975
2016+ 2.5% AGI/$695 2.5% AGI/$1390 2.5% AGI/$2085

2.5% or a figure, WHICHEVER IS LARGER?! Very progressive. And why? Why should the rich pay more, when it costs just as much to insure the rich as it does to insure the poor? It’s simply taking money because they can.

Paul-Cincy on March 11, 2013 at 4:05 PM

If Bloomberg wants to control weight then he should support free market health insurance that allows premiums based on BMI and other risk factors attributable to being overweight.

Like everything else, if people have to pay for the consequences of their choices they can make better choices. And if they choose not to make smart choices then at least we aren’t subsidizing the bad choices through our premiums.

Charlemagne on March 11, 2013 at 4:05 PM

The judge said BUUUUUUUUUUURP.

docflash on March 11, 2013 at 4:08 PM

The New York courts really spanked Bloomy.

portlandon on March 11, 2013 at 4:08 PM

They may take our lives, but they’ll never take our Big Gulps!!!

Blake on March 11, 2013 at 3:56 PM

Heh…

Aye, drink 18 ounces and you may die. Drink bottled water and you’ll live… at least a while. And dying in your beds, many years from now, would you be willin’ to trade ALL those V8 juice and milk, from this day to that, for one chance, just one chance,…

WisRich on March 11, 2013 at 4:08 PM

When do the mandatory weigh-ins begin?

Mr. Curly on March 11, 2013 at 4:05 PM

When they can find a scale that will hold Rosie O’Donnell

portlandon on March 11, 2013 at 4:09 PM

this is a slap to the God of Progressives……GOVERNMENT!

Plan B begins in 5……4…..

PappyD61 on March 11, 2013 at 4:11 PM

Who does Bloomberg think he is? Our Mommy? This is America and it is none of his business what we eat or drink period. Let’s ban stupid politicians for good.

KCinLV on March 11, 2013 at 4:12 PM

ROFL

Soak it in, New Yorkers, you dug your own hole and can now smooth the sides so you fit in it perfectly.

Bishop on March 11, 2013 at 4:13 PM

So does Judge Milton need to watch out for Drones or perhaps a story about his alleged victimization of kittens 30 years ago…maybe a love child…

workingclass artist on March 11, 2013 at 4:13 PM

Bloomberg – strange little man – who should come out of the closet already.

Get over it Mickey – we have!

jake-the-goose on March 11, 2013 at 4:13 PM

Scary that it took this long for someone to throw it out. Glad it did, but it shouldnt have taken that long.

Blu3Yeti on March 11, 2013 at 4:13 PM

He said tough moves are necessary because the obesity epidemic will “bankrupt” the healthcare system

Then get government out of health care too.

emz35 on March 11, 2013 at 4:14 PM

It’s pathetic that so-called Americans would tolerate this kind of kindergarten fascism.

Cicero43 on March 11, 2013 at 4:14 PM

So sad today at lunch when the news came on. The story said how the soda ban was going into effect tomorrow. My coworkers were just complaining about the Sequester and how mad they were that someone had said it was the Democrats fault. I jokingly said thats Democrats for ya and was immeditely told that Bloomberg was a nasty old Repuklican by the three people I was eating with. I told them they were wrong and all three took to their smart phones…. all at once they looked up and said, OH, well Im sure banning large sugary drinks is a good thing then.

Low info voters summed up right there

geramy2012 on March 11, 2013 at 4:14 PM

The government, making moral choices for as, as if they know best. You know, some people would prefer to live one kind of life and die at age 65 than live another kind of life and die at age 85. But Bloomberg can’t have that. Thats’s not his moral universe. He’ll decide for us. It’s for our own good!

Paul-Cincy on March 11, 2013 at 4:15 PM

Good.
Although my soda smuggling business will take a hit.

Iblis on March 11, 2013 at 4:15 PM

When do the mandatory weigh-ins begin?

Mr. Curly on March 11, 2013 at 4:05 PM

There should be if you want food stamps. Bring back shame!

Oil Can on March 11, 2013 at 4:16 PM

Update: NY judge invalidates soda ban

A New York Judge with common sense? What’s this world coming to???

Rovin on March 11, 2013 at 4:16 PM

Plastic bag bans are arbitrary, too.

Hat Trick on March 11, 2013 at 3:53 PM

Not only that, but the jurisdictions which have banned plastic bags have found that (1) the re-useable fabric bags are dangerous because they allow bacteria and other contaminants to infect food; and (2) merchants report more shoplifting because shoppers are able to hide unpaid-for items in the fabric bags they bring with them into the stores.

AZCoyote on March 11, 2013 at 4:17 PM

Since the judge who slapped-down the soda-jerk’s nanny ruling is named “Tinglin,” now, we all join looney matthews in having a “Tingling” up our leg!

TeaPartyNation on March 11, 2013 at 4:17 PM

Good times…

hillbillyjim on March 11, 2013 at 4:17 PM

He said tough moves are necessary because the obesity epidemic will “bankrupt” the healthcare system

Then get government out of health care too.

emz35 on March 11, 2013 at 4:14 PM

Exactly!

Charlemagne on March 11, 2013 at 4:19 PM

Stop!

Show me your cup size!

Beverage cups, too!

Now!

OhEssYouCowboys on March 11, 2013 at 4:22 PM

Anyone who goes to these lengths to curtain the people’s freedoms should NOT be credited with the use of that word.

Galt2009 on March 11, 2013 at 3:59 PM

The definition has changed.

Nowadays Liberal is to liberty as gay is to happy. These words no longer mean what they used to. Quite the opposite in fact.

HotAirian on March 11, 2013 at 4:04 PM

Oh, I quite understand that – but most people don’t, they associated ‘Liberal’ with Liberty and freedom and carefree sprites and all that kind of happy horse – sh… shine..

I don’t think we should be using the enemy’s language, sort like using the term People Control rather than ‘Gun control’.

Those authoritarian control freaks want to run people’s lives while pretending to be advocates of freedom.

We shouldn’t be perpetuating their lies for them.

Galt2009 on March 11, 2013 at 4:22 PM

When do the mandatory weigh-ins begin?

Mr. Curly on March 11, 2013 at 4:05 PM

When they find a loophole that makes the law not apply to the Mooch.

Gingotts on March 11, 2013 at 4:25 PM

Bwa-ha-ha-ha-ha-haha!

Take that Bloomturd.

Hopefully a similarly sane judge will overturn Crapo’s SAFE Act.

wyntre on March 11, 2013 at 4:27 PM

“Everybody across this country should do it,” said Bloomberg, who has already called for the state to bar sugary soda over 16 ounces in stores.

And, he suggested, the crusade might not even stop there.

“In fact, obesity is a problem around the world,” he said. “It’s getting to be as serious if not more so than smoking.”

He sounds like William Jennings Bryan, who resigned in protest over Woodrow Wilson’s demand for “strict accountability for any infringement of American rights, intentional or incidental” after the sinking of the Lusitania, but, nevertheless, thought that World War I could be used to “make the world free for Prohibition” and to “spread Prohibition to the four corners of the world.”

Progressives always believe in intervention into the lives of lesser peoples whether they are their fellow citizens or people far away and hidden in some bush.

Resist We Much on March 11, 2013 at 4:29 PM

Plastic bag bans are arbitrary, too.

Hat Trick on March 11, 2013 at 3:53 PM

Keep your eyes on Austin, TX. The city council passed a plastic bag ban late last year; it just went into effect Mar. 1, and there’s already a lawsuit being brought by the Texas Retailers Association, pointing to a state statute that appears to expressly forbid such bans:

http://impactnews.com/articles/retailers-association-questions-austin-bag-ordinance/

Caiwyn on March 11, 2013 at 4:31 PM

Tingling also said allowing the NYC soda ban to go through would “would leave [the NYC Board of Health's] authority to define, create, mandate and enforce limited only by its own imagination … create an administrative Leviathan.”

Seems he’s against tyranny. Too bad this guy didn’t rule on Obamacare.

He also talked about there being no imminent threat from the large size evil sodas – key word being imminent. I’d link but I can’t find it now.

LetsBfrank on March 11, 2013 at 4:34 PM

Little Napoleon is not happy…

d1carter on March 11, 2013 at 4:34 PM

PS: The fact that the law is being challenged doesn’t mean it’s illegal. I promise to stop posting in the comments forever if the law is ultimately held to be illegal.
red_herring on March 10, 2013 at 3:44 PM

Babye!

jawkneemusic on March 11, 2013 at 4:36 PM

losing in court was a planned victory for bloomberg. Now that he has passed the legislation, he can add the small extra step of including all drinks.

astonerii on March 11, 2013 at 4:37 PM

I’m sure all the businesses that stopped ordering cups over 16 oz and over-ordered 16 oz cups are really happy with this last-second ruling. Nothing has changed, but it’s a real financial hardship for some. Just another case of the government crushing small businesses through F, U and D.

Marcola on March 11, 2013 at 4:38 PM

Bloomy will just ban the containers that hold soda.

portlandon on March 11, 2013 at 4:38 PM

Good for the judge! If NY wants to continue down this fascist path they should be kicked out of the USA!

FloatingRock on March 11, 2013 at 4:39 PM

A New York Judge with common sense? What’s this world coming to???

Rovin on March 11, 2013 at 4:16 PM

I’ll wait to read the decision. the problem is – this type of thing is something a state or local gov’t is free to regulate (depending on the state constitution). So, while the NYC regulation is stupid and should never have been passed – we should not be so quick to congratulate a judge for overturning the law. It’s not as if large soda drinking is a right guaranteed by the U.S. Constitution.

Instead, we should be more concerned that most of NYC (and liberals generally) are fine with the gov’t regulating how much soda you can purchase/drink. That they don’t see the danger in ceding ever more control over our lives to gov’t is what is troubling.

It’s sad. But, it doesn’t mean that a court is correct to overturn it (I’d have to see the Court’s reasoning). Replacing Bloomberg with activist judges just transfers the tyranny from one branch of gov’t to another – it doesn’t rid us of the tyranny.

Monkeytoe on March 11, 2013 at 4:39 PM

Given the low performance standards of high school students in NYC, YOU’D THINK FAT MIKE WOULD HAVE OTHER THINGS TO WORRY ABOUT!

GarandFan on March 11, 2013 at 4:40 PM

This is so absurd I can’t believe the judge had to be bothered with it. What a waste of time.

RDE2010 on March 11, 2013 at 4:41 PM

He said tough moves are necessary because the obesity epidemic will “bankrupt” the healthcare system – and, he suggested, because fat people can’t do their jobs as well as those in better shape.

I”m sorry but is there any actual video of him saying that??? What kind of hubris is running through his 8oz brain to think he can get away with saying crap like that without repercussions?

can_con on March 11, 2013 at 4:41 PM

When they can find a scale that will hold Rosie O’Donnell

portlandon on March 11, 2013 at 4:09 PM

Easy. They just need to get one of the weigh-in scales from a Sumo wrestling match.

Aviator on March 11, 2013 at 4:42 PM

Nanny Bloomie deploys the Soda Nazis. LOL. And the courts say NO. Enjoy your Big Gulps, New Yorkers. And your big giant coffee.

Philly on March 11, 2013 at 4:42 PM

Big Sissy Nanny Bloomy’s logic “might” make sense if companies were getting rid of soda sales in quantities lower than 55-gallon drum. I say “might” because even then, the market would react and new entrepreneurs would come in to fill the void and again sell cans/bottles.
But logic and Bloomy have never been cozy bedfellows.

smfic on March 11, 2013 at 4:43 PM

Quickly dubbed the “F**k You, Bloomie” ruling

mojo on March 11, 2013 at 4:43 PM

Isn’t it ironic that the primary motivation behind all “nannyism” is racism?! The soft bigotry of low expectations. “We” (the liberal establishment) can’t expect “these people” (mostly racial minorities but may also include white Catholics) to “act responsibly on their own” (they are “too stupid” to understand our “magnificent” wisdom.) Therefore, what appears to be, on the surface, Draconian measures and a dictatorial power grab, is actually motivated by tender humanity and munificence toward greatly inferior beings.

MaiDee on March 11, 2013 at 4:44 PM

PS: The fact that the law is being challenged doesn’t mean it’s illegal. I promise to stop posting in the comments forever if the law is ultimately held to be illegal.
red_herring on March 10, 2013 at 3:44 PM

Babye!

jawkneemusic on March 11, 2013 at 4:36 PM

She is tenuously holding on to that word “ultimately” now.

Resist We Much on March 11, 2013 at 4:45 PM

I can see the lead in to the movie …staring the Rock …. opening shot …. he’s walking down a New York street ….. in a short 50 foot walk …. a mugging takes place on the street right in front of him …he walks past ( not his concern ) ….. a few feet later a drive by shooting that kills a grandmother and her 3 year old granddaughter ( he walks on by ) …. he turns into a deli …. orders a Mountain dew …. pours it from their cup into his …. a single drop goes over the side rolling down the side of the 17 oz cup …. he pulls out his 40 cal …orders everyone of the 16 and 17 years old high school students to the floor ….calls in back up ….the swat team enters stepping over the bodies of the grandmother and granddaughter ….the camera pans ….you catch a glimpse of the female mugging victim on her knees blood pouring from a head wound threw the window of the deli

Aggie95 on March 11, 2013 at 4:45 PM

Judge is solid:

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.”

City health officials, he wrote, aren’t assigned the “sweeping and unbridled authority to define, create, authorize, mandate and enforce” the health code.

online.wsj.com

LetsBfrank on March 11, 2013 at 4:50 PM

Amazing … that every single person who’s eaten healthy all their lives is gonna die !!!

;-)

pambi on March 11, 2013 at 4:51 PM

Bloomberg is a throwback to the original Loyalists, who embraced centralized government power and recognized virtually no limits to its authority. He disdains the Bill of Rights. His job as a high government official is to support and defend the Bill of Rights, all o fit, and instead he takes every opportunity he can to undermine it.

Tripwhipper on March 11, 2013 at 4:53 PM

Nanny Bloomberg: The Big Boob

Bmore: Do you think you can do a better head of Bloomie for me? I would have been in high demand during the French Revolution…I can take off the heads with ease. It’s putting them on that is the problem! lolol

Resist We Much on March 11, 2013 at 4:54 PM

Alternate headline:

Napoleonic Oompa-Loompa Rhetorically Bitch-slapped by Reportedly Sane Judge

hillbillyjim on March 11, 2013 at 4:55 PM

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.”

City health officials, he wrote, aren’t assigned the “sweeping and unbridled authority to define, create, authorize, mandate and enforce” the health code.

online.wsj.com

LetsBfrank on March 11, 2013 at 4:50 PM

Mr B.O. Tingles, Chris Matthews, is going to be jealous. He’s just a presenter.

Resist We Much on March 11, 2013 at 4:55 PM

Mayor Bloomberg shouldn’t be able to leave his home without being pelted by water balloons containing no less than 16 ounces of soda.

Or urine. Why waste good soda money on this schmuck?

Kensington on March 11, 2013 at 4:56 PM

BREAKING:

NY Judge rules daily bed-making rule Constitutional; City Inspectors authorized to conduct bed inspections without notice or warrant; single males hit hardest.

BobMbx on March 11, 2013 at 4:56 PM

Keep your eyes on Austin, TX. The city council passed a plastic bag ban late last year; it just went into effect Mar. 1, and there’s already a lawsuit being brought by the Texas Retailers Association, pointing to a state statute that appears to expressly forbid such bans:

http://impactnews.com/articles/retailers-association-questions-austin-bag-ordinance/

Caiwyn on March 11, 2013 at 4:31 PM

Thanks for the info! I live in Austin. We will drive a little out of the way to shop outside the city limits.

Hat Trick on March 11, 2013 at 4:57 PM

From RWMs link:

Mayor Bloomberg has demanded that hospitals stop handing out baby formula to persuade more new mothers to breastfeed their babies.

Will inspectors check to make sure breast milk isn’t being served from containers larger than 16 ozs?

Where can I apply for that job?

BobMbx on March 11, 2013 at 5:00 PM

It’s not as if large soda drinking is a right guaranteed by the U.S. Constitution.

Monkeytoe on March 11, 2013 at 4:39 PM

Perhaps not, but the pursuit of happiness is in the Declaration of Independence and if NY wants to continue down this course they are in violation of those terms and it’s time for the rest of us to declare them independent. Do you really want NY fascists like Bloomburg pumping millions of dollars into your local elections? I don’t, and if NY is a foreign country it will be illegal. We can shut him and his influence out.

FloatingRock on March 11, 2013 at 5:00 PM

Epic smackdown Bloomturd.

Now maybe you can concentrate on problems like, oh I don’t know. the fact that 80% of NYC HS graduates can’t effing read???

ICanSeeNovFromMyHouse on March 11, 2013 at 5:01 PM

sadly the judge didnt rule that its an intrusion into personal choice and responsibility but that it was arbitary. which means bloomie will now insist the law be re-written to cover everything.

as for the 17 oz cups, why not just buy 16 oz Pyrex glass measuring cups. pour the soda until its full. if there is more soda left in the cup being poured from its over 16 oz. is NYC govt really this stupid?

chasdal on March 11, 2013 at 5:01 PM

It’s not as if large soda drinking is a right guaranteed by the U.S. Constitution.

Monkeytoe on March 11, 2013 at 4:39 PM

Okay, so what rights do we actually have? Start with abortion.

BobMbx on March 11, 2013 at 5:01 PM

Stop and frisk laws are un-American and are another reason to kick NY out of America. NY banks are corrupt and are enablers of ruling class profligacy and moral hazard. NY played a large role in the ’08 crash and is in bed with DC. The soda pop ban is only the latest reason that NY doesn’t belong in the USA.

FloatingRock on March 11, 2013 at 5:03 PM

It’s not as if large soda drinking is a right guaranteed by the U.S. Constitution.

Monkeytoe on March 11, 2013 at 4:39 PM

Seems like an unreasonable seizure to me.

Ronnie on March 11, 2013 at 5:08 PM

The reason that NY has to have stop and frisk laws which violate the 4th amendment is because they won’t let law abiding citizens exercise their 2nd amendment rights either.

FloatingRock on March 11, 2013 at 5:08 PM

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