Heh: Appeals court openly skeptical, borderline derisive of Bloomberg’s big-soda ban

posted at 4:41 pm on June 12, 2013 by Erika Johnsen

Back in March, Manhattan Supreme Court Justice Milton Tingling pumped the brakes on Mayor Michael Bloomberg’s infamous attempt to ban the sale of what he and his fellow nanny-staters deemed to be too-large sugary beverages, ruling that the pending regulations were “fraught with arbitrary and capricious consequences” and that they “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.” Ouch.

The ban’s defenders, of course, have yet to give up hope that Bloomberg’s oh-so-noble mission will eventually be cleared for takeoff; the city is appealing the ruling, and at the Appellate Division on Tuesday, a city lawyer argued that the higher court should reinstate the ban because of the law’s ostensible virtues in deterring obesity.

The four members of the appeals panel were apparently unconvinced. Via the NY Post:

The panel was befuddled by the distinctions.

“How about pomegranate juice and blueberry juice?” Judge Rosalyn Richter asked.

“What about sugar-infused energy drinks?” she wondered.

Richard Bress, the attorney arguing for the soda ban opponents took up the judges’ concerns about the logic of a ban that allows regular milk and soy substitutes but not rice or almond milk.

“The lines they’ve drawn every which way are really not rationally based,” Bress said.

And here are some more thoughts from two of the panel judges:

Justice David Friedman said the city appeared to be asking for unprecedented authority to regulate all sorts of portion sizes, including “the number of doughnuts a person could eat, the number of scoops of ice cream” and number of servings of fried chicken.

Several times, Justice Dianne Renwick questioned whether the 16-ounce size limit was scientifically arbitrary, given that it is based on liquid volume rather than a measure of how much sugar is actually in a beverage. The limit, she noted, meant that some drinks with high amounts of sugar would be allowed, while others with less sweetener would be banned.

Hmm. After the court session, City Health Commissioner Thomas Farley reportedly insisted that he “remained confident the regulation will ultimately be upheld”; uhm, if you say so, dude. The court will likely issue a decision before their summer recess, and if they fail to find sympathy with the city’s central planners, the city will have one last chance to wring a favorable ruling out of the Court of Appeals, the state’s highest court.

But never fear, New Yorkers: In case you missed it, even if Bloomberg won’t technically be allowed to prevent the city’s inhabitants from imbibing sugary beverages out of too-big containers, the city is still spending cash on furthering their public-health awarness campaign:

New York City Mayor Michael Bloomberg’s campaign to cut consumption of sugary drinks has expanded to warning residents that some sweet teas, sports and energy drinks and fruit-flavored beverages have more sugar than soda.

The city Health Department on Monday launched a $1.4 million TV and bus ad campaign, MyFoxNY.com reported. The spots say such drinks might sound healthy but are packed with added sugar that can lead to obesity and other health problems.

“Sports drinks, energy drinks and fruit-flavored drinks sometimes sound like they’re good for us, but they are contributing to the obesity epidemic just as much as sugary soft-drinks,” Health Commissioner Thomas Farley said in a statement.

This has been a public service announcement.


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Couldn’t happen to a bigger eunuch.

Schadenfreude on June 12, 2013 at 4:44 PM

Every single thing this nut does in NYC is hilarious to me and I don’t feel the least bit sorry for the people in the city he lords over because they keep electing him.

HotAirian on June 12, 2013 at 4:45 PM

Leave us alone, you control freak!

ThePrez on June 12, 2013 at 4:47 PM

Does that mean that AP will soon be able to walk into a 7-11 and fill up his Hello Kitty themed Big Gulp?

I kid, I kid.

D-fusit on June 12, 2013 at 4:47 PM

“…number of servings of fried chicken.”

…did anyone else catch that RACIST statement by the judge? I just can’t wait for the lunatic-left to start screaming at him.

TeaPartyNation on June 12, 2013 at 4:48 PM

How is it that billionaires think they should run everyone’s lives but the only billionaires people are afraid of are the ones who are openly libertarians.

Cindy Munford on June 12, 2013 at 4:50 PM

My two favorite words in the English language: “arbitrary” and “capricious”

blammm on June 12, 2013 at 4:52 PM

The city Health Department on Monday launched a $1.4 million TV and bus ad campaign, MyFoxNY.com reported. The spots say such drinks might sound healthy but are packed with added sugar that can lead to obesity and other health problems.

A bargain compared to IRS conference costs (let’s not forget the scandals that are only lesser by dint of the scandals that are more appalling).

Happy Nomad on June 12, 2013 at 4:53 PM

Hey, New Yorkers.

So what’s it like, living in a place where the people in power dictate your lives?

Do you wonder what’s next in store for you, have you resigned yourself to your fate, do you resist?

The rest of the country would like to know, cause we see it headed our way too.

Do New Yorkers want to live free?

MichaelGabriel on June 12, 2013 at 4:54 PM

Tiny tyrant.

jawkneemusic on June 12, 2013 at 4:54 PM

Funny that “tools” rhymes with “fools.”

John the Libertarian on June 12, 2013 at 4:57 PM

How is it that billionaires think they should run everyone’s lives but the only billionaires people are afraid of are the ones who are openly libertarians.

Cindy Munford on June 12, 2013 at 4:50 PM

Bloomberg has always struck me as the real life version of C. Montgomery Burns. It’s less that he wants to run everyone’s life as it is he thinks he is the only one whose views have value. Because he is the rich one.

Tom Clancy, the author, turned me off to his books when he made the comment that anybody who didn’t have millions in the bank had an opinion worth listening to. It is this kind of arrogance that is destroying this nation. It is also the attitude of Congress.

Happy Nomad on June 12, 2013 at 4:57 PM

Several times, Justice Dianne Renwick questioned whether the 16-ounce size limit was scientifically arbitrary, given that it is based on liquid volume rather than a measure of how much sugar is actually in a beverage. The limit, she noted, meant that some drinks with high amounts of sugar would be allowed, while others with less sweetener would be banned.

She forgot to factor in the amount of space ice cubes take up in the cup. What if I like a lot of ice in my drink?

CurtZHP on June 12, 2013 at 4:58 PM

New yorkers deserve this tyrant. may he regulate every aspect of your lives, and tax you to death.

tom daschle concerned on June 12, 2013 at 4:59 PM

Every single thing this nut does in NYC is hilarious to me and I don’t feel the least bit sorry for the people in the city he lords over because they keep electing him.

HotAirian on June 12, 2013 at 4:45 PM

It’d be funny if he’d keep his dictatorial shenanigans confined to his own mismanaged city. But, no, when it comes to gun-control, this micro-manager suddenly has time to tour the whole country.

CurtZHP on June 12, 2013 at 5:00 PM

The rest of the country would like to know, cause we see it headed our way too.

MichaelGabriel on June 12, 2013 at 4:54 PM

Tyranny headed our way? Not true everywhere. Maryland already has views of tyranny’s tail lights.

Happy Nomad on June 12, 2013 at 5:01 PM

Happy Nomad on June 12, 2013 at 4:57 PM

It cracks me up when they pretend to worry about the middle class, both sides want them gone.

Cindy Munford on June 12, 2013 at 5:10 PM

I have a 32 oz. lemonade made from a powdered drink mix every afternoon.

rbj on June 12, 2013 at 5:11 PM

“Forty restaurant owners yesterday slapped the city with a $150 million lawsuit, calling the Health Department grading system unconstitutional and an unfair tax on small businesses.

“The health inspector, following guidelines of the health code, creates a revenue scheme for the city of New York in a confusing manner to extract monies through the issuance of violations on hardworking mom-and-pop stores trying to make a living,” the Manhattan Supreme Court suit states.

The restaurateurs, including Stephen and Rosetta Lawless, who have run the Shamrock Inn in The Bronx for 17 years, claim the fines are unconstitutional because the mayor used administrative fiat to enact the code instead of going through the City Council.

Further, the suit claims, the system is unfair because it is imposed in a selective and inconsistent manner…”

http://www.nypost.com/p/news/local/eateries_grade_suit_vs_ity_fEAT6hAhjlL9DuBIu197uL?utm_medium=rss&utm_content=Local

workingclass artist on June 12, 2013 at 5:13 PM

Being a mini-Mussolini is tough work.

NotCoach on June 12, 2013 at 5:21 PM

If I owned a business in NYC and sold large sugary drinks, I would mot sell them. I would make them free with the purchase of a hamburger and fries.

The Rock on June 12, 2013 at 5:22 PM

“The lines they’ve drawn every which way are really not rationally based,”

Maybe we can get a ruling that says you can’t regulate guns based on how they look.

weaselyone on June 12, 2013 at 5:27 PM

There is more sugar in apple juice than Coca-Cola.

But 20 oz of Apple Juice is good for you, right?

Wander on June 12, 2013 at 5:27 PM

More important than banning sugary drinks, the midget Stalin should institute a helmet and face-mask law in New York City. All people out in public in New York must wear helmets at all times to prevent serious head injuries when they trip and they must also wear surgical masks in order to save their lungs from all the particles floating around in the city air.

It’s for your own good, you idiots. We’ll teach you how to live.

ThePrimordialOrderedPair on June 12, 2013 at 5:28 PM

Several times, Justice Dianne Renwick questioned whether the 16-ounce size limit was scientifically arbitrary, given that it is based on liquid volume rather than a measure of how much sugar is actually in a beverage. The limit, she noted, meant that some drinks with high amounts of sugar would be allowed, while others with less sweetener would be banned.

It doesn’t matter how much sugar is in your drink. The government has no business dictating such things.

newportmike on June 12, 2013 at 5:28 PM

If I owned a business in NYC and sold large sugary drinks, I would mot sell them. I would make them free with the purchase of a hamburger and fries.

The Rock on June 12, 2013 at 5:22 PM

Can a business owner install a self-serve beverage station and still give out large cups while only charging for a “16 ounce” beverage. They could even put a “fill line” on the larger cup.

weaselyone on June 12, 2013 at 5:33 PM

Hey! It’s not like Lil’ Mikey is spending his own money.

GarandFan on June 12, 2013 at 5:37 PM

Of course the jerk can’t be bothered getting money to the people on SI, Breezy Point, and the Rockaways whose homes were destroyed during Sandy.

Iblis on June 12, 2013 at 5:42 PM

The city Health Department on Monday launched a $1.4 million TV and bus ad campaign, MyFoxNY.com reported.

How much are these appeals costing the taxpayers?

Frankly, I have ZERO sympathy for NYC taxpayers. They elected this Mini-man with a Napoleon complex. They deserve the crap he feeds them.

ladyingray on June 12, 2013 at 5:45 PM

Tiny tyrant.

jawkneemusic on June 12, 2013 at 4:54 PM

Um, have you seen Michael Bloomberg? He looks like he dunks his Krispy Kremes in Jolt cola.

Odysseus on June 12, 2013 at 5:49 PM

“Sports drinks, energy drinks and fruit-flavored drinks sometimes sound like they’re good for us, but they are contributing to the obesity epidemic just as much as sugary soft-drinks,” Health Commissioner Thomas Farley said in a statement.

Would someone like to include that comment in a “friend-of-the-court” brief on the subject. He just torpedoed his entire case.

IndieDogg on June 12, 2013 at 6:12 PM

Wander on June 12, 2013 at 5:27 PM

Bottles of V8 Fusion — pomegranate/blackberry, strawberry/banana, blueberry/acai berry — don’t have any sugar in them, but they are made from a combination of sweet potatoes, carrots, and grapes in addition to the fruits mentioned on the label which makes them undeniably sweet. I made a thorough check of the ingredients and was surprised that it contained not one speck of sugar or high fructose corn syrup.

The stuff is great, I drink it regularly and I’m still at my goal weight from a couple years ago when I dropped 25 lbs.

PatriotGal2257 on June 12, 2013 at 7:29 PM

Michael Bloomberg is the dead solid perfect example of what my wife calls “The ILM (Icky Little Man) Syndrome”. A little arrogant jerk in a big car that’s forever trying to intimidate everybody around him.
The absolute worst thing that can ever happen to this SOB is to have some noticeable success in his life because it forever enshrines him as the great philosopher-king in his own mind and he becomes an unbearable monster from then on.
THAT is Michael Bloomberg, in spades!!

Lew on June 12, 2013 at 7:36 PM

Enough peons!. Hizzoner has moved on to greater things. The City must be saved from the scourge of GLOBAL WARMING!
“The whole aim of practical politics is to keep the populace alarmed, and hence clamorous to be led to safety, by menacing it with an endless series of hobgoblins, all of them imaginary.” —H.L. Mencken

pgrossjr on June 12, 2013 at 8:10 PM

Manhattan Supreme Court Justice Milton Tingling pumped the brakes on Mayor Michael Bloomberg’s infamous attempt to ban the sale of what he and his fellow nanny-staters deemed to be too-large sugary beverages, ruling that the pending regulations were “fraught with arbitrary and capricious consequences” and that they “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.” Ouch.

By a staggering coincidence, this is a pretty good definition of The One’s “social cost of carbon” regulations that He eeled into the microwave oven regs. (See the thread in question.)

It’s not just that progressives are dogmatic, meddling, anti-logic, scientifically-ignorant, power-hungry, humanity-hating control freaks.

It’s also that they are demonstrably out of their tiny little minds, and have no connection to reality whatsoever.

clear ether

eon

eon on June 12, 2013 at 9:32 PM

Bloomberg is suffering from hypoglycemia.

Symptoms include: Confusion, abnormal behavior or both, such as the inability to complete routine tasks, such as being the mayor of New York City.

Voters are looking forward to the moment when Bloomberg can be relieved of his imaginary duties to public health and Anthony Weiner can take over.

Weiner is suffering from compulsive sexual behavior, so that will be a welcome change for residents.

virgo on June 13, 2013 at 2:45 AM

Wealthy midget mayor, this is what you get.

StevC on June 13, 2013 at 6:02 PM