Drink up: Appeals court upholds ruling striking down NYC Big Gulp ban

posted at 2:21 pm on July 30, 2013 by Mary Katharine Ham

They may take our lives, but they will never take…our FANTA!

New York City’s plan to ban large sugary drinks from restaurants and other eateries was an illegal overreach of executive power, a state appeals court ruled on Tuesday, upholding a lower court decision in March that struck down the law.

The law, which would have prohibited those businesses from selling sodas and other sugary beverages larger than 16 ounces, “violated the state principle of separation of powers,” the First Department of the state Supreme Court’s Appellate Division said in a unanimous decision.

The appeals court echoed a court’s March decision, which determined that the New York City Board of Health overstepped its authority when it teamed up with Mayor Michael Bloomberg to restrict the sale of sugary drinks over 16 oz. at “restaurants, delis, fast-food franchises, movie theaters, stadiums and street carts, but not to grocery stores, convenience stores, corner markets, gas stations and other similar businesses.”

The opinion finds the Big Gulp ban was an inappropriate action for the health board for several reasons. Its carve-outs indicate the ban was not made strictly for health reasons, but with economic considerations in mind. The board had not previously designated sugary drinks as inherently unhealthy, making the regulation thereof outside the board’s health expertise purview.

But the most important factor, for New Yorkers and the legislative process, was the fact that “regulations concerned ‘an area in which the legislature had repeatedly tried — and failed — to reach agreement in the face of substantial public debate and vigorous lobbying by a variety of interested factions.’”

The government’s argument flowed, the court states, from the idea that the “Board of Health has been vested with the power to act on any health related manner,” which the court calls a “fundamental misunderstanding” of administrative vs. legislative power. “An agency’s attempt to ‘take it upon itself to fill the vacuum and impose a solution of its own’ is improper.”

In other words, when the elected legislature is “unwilling to act” in a way an executive or administrative board wishes it would, it’s not all right to “take whatever administrative steps that I can in order to do right by the American people.”

But hey, what’s a unanimous appeals court compared with a super-smart executive who knows what’s best for us?

Bloomberg responds, quite cranky that he might actually have to try convince members of the voting public and a legislature of the wisdom of his views:

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.”

But don’t get too excited. The court does not contest the legislature’s power to make a rule banning Big Gulps and relies on a 1987 ruling that said the state health board was overstepping its bounds to ban smoking in most businesses and public buildings. The state legislature later passed such a ban in 2003 after public opinion shifts made it possible. The hope of soda-drinkers in New York lies in the fact that Bloomberg’s term is nearly up, and because he’s not accustomed to making a convincing case for his crusades, he’s not equipped to turn the fructose tide.

After that? (With apologies for the curse word.)


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Ok, I’ve got to vehemently disagree with you on one point! I cannot stress this enough either. Never use minute rice. Always use regular long grain white rice. It takes a little longer but It tastes so much better. Personally I like jasmine best but there are those that prefer basmati and I can’t fault them for that. :-)

Oldnuke on July 30, 2013 at 3:54 PM

Had to put in something easy so my example wouldn’t be too difficult for the average lazy libtard….

But – we actually like minute rice sometimes for a quick easy add to a meal. Other times my wife prefers wild rice in her special rice cooker – or in her wild rice, hamburger and cream of mushroom soup casserole.

dentarthurdent on July 30, 2013 at 4:01 PM

I’m a barbecue fanatic. I can plan a neighborhood party and slow smoke a couple of pork shoulders bought on sale and feed an army like they are kings by hardly breaking a twenty. Cole slaw, BBQ beans, the works… all top quality for less than an Obama welfare queen probably spends on cell phone charges.

viking01 on July 30, 2013 at 3:47 PM

Oh man! Where I’m from Bar-B-Que is a religion. We BBQ’ed everything. Pork, beef, mutton, raccoon you name it. Everybody’s got their own secret recipe too. I used to be able to walk to this place from my home. Fantastic place pretty famous. Lot of well known folks would stop in here if they were in the neighborhood. Every time I hear about how the poor can’t afford to feed themselves in this country I just about blow a gasket. It’s complete B/S.

Oldnuke on July 30, 2013 at 4:01 PM

Oldnuke on July 30, 2013 at 3:50 PM

Thanks for the anecdotes.

verbaluce on July 30, 2013 at 4:02 PM

I can see something like that. With both pinkies extended. A vase is pretty big so he’d probably be using both hands.

Flange on July 30, 2013 at 3:56 PM

Bloomie has the butler carry it strapped on his head so all Doomberg need do is guide the vase (vassss) to his kisser.

The slaves fanning him with palm fronds as he does so, optional.

viking01 on July 30, 2013 at 4:03 PM

I pretty much agree with the ruling here – however the gleeful drinking of big gulps…gross. I mean maybe Sarah Plain, etc. could think about sharing the idea that it’s not the best thing for you?
But maybe she and the rest of the ‘give me big macs or give me death’ crowd thinks a healthy diet is one of Obama’s socialist ideas…

verbaluce on July 30, 2013 at 2:33 PM

People should make their own decisions and reap the consequences of those decisions. You want people to lose weight? Revamp welfare and the food stamp program. Let kids have actual recess at school, not the “helmeted, elbow padded, we don’t want them to hurt themselves or work up a sweat” kind. Implement sound fiscal policies that will actually lead to more jobs so people aren’t sitting at home on the couch on unemployment. Liberal policies are almost always wrong headed and end up with the exact opposite of the desired result.

hopeful on July 30, 2013 at 4:04 PM

Liberals are by nature insecure.

Oldnuke on July 30, 2013 at 2:48 PM

Liberals love to control others. They get tremendous glee from saving all the poor little children who need help. For example, all the ignorant and unenlightened precious ones who ignorantly go out and buy Big Gulps. Especially minorities. They definitely need saving! Because they are backwards little children who need to be watched over and led to enlightenment by smart liberals.

the gleeful drinking of big gulps…gross.

verbaluce on July 30, 2013 at 2:33 PM

Freedom is yucky, isn’t it? When someone goes and buys a Big Gulp, he’s exercising freedom, and that’s gross! There’s too much anarchy and disorder in the free world. We would be so much better off if we had a mommy and daddy to tell us what to do.

Burke on July 30, 2013 at 4:04 PM

Wow.
A+ for creative logic there.

verbaluce on July 30, 2013 at 3:40 PM

Nope, just pointing out the obvious.

You’re screaming that fast food is cheap, so if that’s all people are eating, then we need cut the food stamp allowance to cover that much rather than what we do now.

And if you want people to get more so they should eat healthier, then block them from buying fast and junk food.

The problem is that we’re running into your basic contradiction, which is that you’re purchasing votes rather than helping people with good nutrition. Fat lazy Rachel Jeantel doesn’t want to cook; that would get her “court nails” dirty.

And oldnuke put it beautifully. People who are on welfare in the Obama voter base are overwhelmingly lazy worthless pigs like Rachel Jeantel and Trayvon Martin.

northdallasthirty on July 30, 2013 at 4:04 PM

Personally I like jasmine best but there are those that prefer basmati…
Oldnuke on July 30, 2013 at 3:54 PM

That is racist! Do you know how much basmati rice costs these days? I personally do not eat rice, but my dogs like the basmati with their boneless skinless chicken breasts better than the jasmine.

NOMOBO on July 30, 2013 at 3:58 PM

Heh, I actually make chicken breast jerky for my dog :-) She loves it. I don’t buy the store bought stuff because it all comes from China and who knows what they put in it. I buy a couple of packages of chicken breast tenders and just dry them in an oven at 200 degF for a few hours and them break them up in bite sized pieces.

Oldnuke on July 30, 2013 at 4:05 PM

I do not moderate because of what the government tells me and I suspect you do not moderate because of what the government tells you.

NOMOBO on July 30, 2013 at 3:44 PM

Do you oppose the listing of ingredients and nutritional facts on food labels?
Are you against the USDA?
Would you dine at a never inspected restaurant?

You do in fact moderate based on information you acquire as a result of certain government programs and regulations.

verbaluce on July 30, 2013 at 4:06 PM

I do not moderate because of what the government tells me and I suspect you do not moderate because of what the government tells you. Why do you think other people are so less capable of handling their own lives that the government has to tell them what to do? Why are you progressives so damn elitist?

NOMOBO on July 30, 2013 at 3:44 PM

Ding-ding-ding! We have a winner!

This is Liberalism in a nutshell.

CaptFlood on July 30, 2013 at 4:07 PM

Fat lazy Rachel Jeantel doesn’t want to cook; that would get her “court nails” dirty.

northdallasthirty on July 30, 2013 at 4:04 PM

Maybe you could take her out?

verbaluce on July 30, 2013 at 4:10 PM

Oldnuke on July 30, 2013 at 3:50 PM

Thanks for the anecdotes.

verbaluce on July 30, 2013 at 4:02 PM

I’ll trust my anecdotal information a hell of lot more than I’d trust your lame government study.

Oldnuke on July 30, 2013 at 4:10 PM

Do you oppose the listing of ingredients and nutritional facts on food labels?
Are you against the USDA?
Would you dine at a never inspected restaurant?

You do in fact moderate based on information you acquire as a result of certain government programs and regulations.

verbaluce on July 30, 2013 at 4:06 PM

You are a LONG way from Bloomberg and the Big Gulp right now.

Jabberwock on July 30, 2013 at 4:10 PM

Every time I hear about how the poor can’t afford to feed themselves in this country I just about blow a gasket. It’s complete B/S.

Oldnuke on July 30, 2013 at 4:01 PM

Exactly. And much of Barbecue’s heritage comes out of the Depression and days before refrigeration where the poor then made the most of what they had and preserved by barbecue and smoke cooking what they couldn’t use that day. The ingenuity and gumption of folk cooking never ceases to amaze me because that’s where the flavor is. Yardbirds that taste like chicken instead of styrofoam. Pork roasts and ribs that put most yuppie theme restaurants to shame. Country hams that make the industrial processed ones seem like erasers in both flavor and texture.

These ancestors may not have had much money but they sure had resourcefulness and were anything but government dependents like Obama’s welfare queen sheep.

viking01 on July 30, 2013 at 4:12 PM

I am going to walk down the street in front of city hall right now and carry around a 64 ounce all day drinking it slowly.

jake49 on July 30, 2013 at 4:12 PM

Leftists want to control others because they can’t manage to control themselves.

See: Ted Kennedy, Billy Clintoon, Zero and his son Trayvon.

viking01 on July 30, 2013 at 4:14 PM

These ancestors may not have had much money but they sure had resourcefulness and were anything but government dependents like Obama’s welfare queen sheep.

viking01 on July 30, 2013 at 4:12 PM

Have you ever heard the term ‘Hoover hog‘? I understand they’re quite tasty but have never had one. Maybe I’ll put that on my bucket list.

Oldnuke on July 30, 2013 at 4:15 PM

Do you oppose the listing of ingredients and nutritional facts on food labels?
Are you against the USDA?
Would you dine at a never inspected restaurant?

You do in fact moderate based on information you acquire as a result of certain government programs and regulations.

verbaluce on July 30, 2013 at 4:06 PM

Which is, of course, why the human race died out eons ago due to lack of governmental nutrition labeling, the absence of the USDA, and restaurant inspections.

Or, more likely, the human race survived to this point because people have far more common sense than fascist liberals give them credit for having.

This is what we find hilarious about you, verbaluce: you and your fellow Obama Party members have Ivy League advanced degrees, but lack the knowledge our grandparents had to avoid leaving meat out too long, dine at a restaurant where other people have gotten sick, or eat six pounds of sugar.

Here’s a question, verbaluce; why is YOUR stupidity grounds for restricting OUR freedom? Why is the fact that you are an incompetent moron whose parents were too stupid to teach it not to drink bleach requiring US to be restricted?

Our parents and grandparents loved us and taught us common sense. Yours left out the common sense as long as you supported firebombing the houses of Federal judges.

northdallasthirty on July 30, 2013 at 4:16 PM

Do you oppose the listing of ingredients and nutritional facts on food labels?
Not per se. But it’s really not too hard to tell what’s contained in a food product if you have a modicum of intelligence.
Are you against the USDA?
No. But as part of the Dept of Agriculture I certainly am suspect of them.
Would you dine at a never inspected restaurant?
I would not dine at a restaurant that did not pass my inspection. I would expect a bellyache if I ate at a dirty, non-hygenically run establishment, even if it had an inspection certificate proudly displayed.
verbaluce on July 30, 2013 at 4:06 PM

If you look to the government to solve all of your problems, you will certainly end up with more problems than you started with.

NOMOBO on July 30, 2013 at 4:17 PM

You do in fact moderate based on information you acquire as a result of certain government programs and regulations.

verbaluce on July 30, 2013 at 4:06 PM

Most sane folks moderate their behavior based on the rule of law. Most sane folks understand when a law is passed that is found to be insane, that law can be revoked/repealed (through the rule of law). Your bantering about gubmit mandates has strayed way off course. It’s not about mocking healthy diets at all. Nor, is it about big gulps, per se. It is about an emboldened group of individuals who usurp power they were neither given nor elected to utilize. Mocking Michael Bloomberg and all of his unconstitutional behavior is MOST appropriate. This short turd is the poster boy for defining how absolute power corrupts absolutely.

HomeoftheBrave on July 30, 2013 at 4:18 PM

If you look to the government to solve all of your problems, you will certainly end up with more problems than you started with.

NOMOBO on July 30, 2013 at 4:17 PM

My email signature file. It’s really how I feel too.

If you think more government is the answer then you obviously don’t understand the problem.

Oldnuke on July 30, 2013 at 4:21 PM

lazy worthless pigs like Rachel Jeantel and Trayvon Martin.

northdallasthirty on July 30, 2013 at 4:04 PM

I’m going suggest (not regulate, now) a hypertension diet.
Heavy on grains…ease up on the sweets.

verbaluce on July 30, 2013 at 4:29 PM

Do you oppose the listing of ingredients and nutritional facts on food labels?
Are you against the USDA?
Would you dine at a never inspected restaurant?

You do in fact moderate based on information you acquire as a result of certain government programs and regulations.

verbaluce on July 30, 2013 at 4:06 PM

Yes – I don’t need a government mandated label to tell a steak has red meat in it, or a can of corn has corn in it, or a bag of wild rice has rice in it. I never read nutrition labels and seldom read ingredient labels – but I do know what I’m buying.
Yes I’m against the USDA – and the EPA, FDA, IRS, DOE, and many others.
What have they actually done for us? I’ve seen more food poisoning epidemics in the last few years than I’ve seen in the rest of my entire life. That tells me the USDA is worthless.
I’d trust a non-government inspected small local restaurant where I know the people running it sooner than I’d trust ANY place that has passed (via bribery) their government inspections.

dentarthurdent on July 30, 2013 at 4:30 PM

Only idiots don’t understand the difference between an unhealthy diet and an illegal diet.

blink on July 30, 2013 at 4:21 PM

Indeed.
Or know the difference between someone who does support this ruling and someone who doesn’t.

verbaluce on July 30, 2013 at 4:30 PM

verbaluce on July 30, 2013 at 3:11 PM

‘Of all tyrannies a tyranny sincerely exercised for the good of its victim may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelty may sometimes sleep, his cupidity may at some point be satiated, but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.’

- C S Lewis

I’ve suffered long enough under Nanny Doomberg’s ‘We’re doing this for your own good’ tyranny.

Resist We Much on July 30, 2013 at 4:32 PM

Do you oppose the listing of ingredients and nutritional facts on food labels?
Not per se. But it’s really not too hard to tell what’s contained in a food product if you have a modicum of intelligence.
Are you against the USDA?
No. But as part of the Dept of Agriculture I certainly am suspect of them.
Would you dine at a never inspected restaurant?
I would not dine at a restaurant that did not pass my inspection. I would expect a bellyache if I ate at a dirty, non-hygenically run establishment, even if it had an inspection certificate proudly displayed.
verbaluce on July 30, 2013 at 4:06 PM

If you look to the government to solve all of your problems, you will certainly end up with more problems than you started with.

NOMOBO on July 30, 2013 at 4:17 PM

Man..we just can’t stop pretty much agreeing.
2 cheers for sense and reason.

verbaluce on July 30, 2013 at 4:33 PM

I’m going suggest (not regulate, now) a hypertension diet.
Heavy on grains…ease up on the sweets.

verbaluce on July 30, 2013 at 4:29 PM

Duly noted. Filed with the rest of the junk mail. Now off to prepare a peach cobbler and homemade vanilla ice cream.

Oldnuke on July 30, 2013 at 4:33 PM

Have you ever heard the term ‘Hoover hog‘? I understand they’re quite tasty but have never had one. Maybe I’ll put that on my bucket list.

Oldnuke on July 30, 2013 at 4:15 PM

If it’s whole hog bbq then probably something similar.

The roots of early southern bbq such as, say, Lexington, NC still follows that practice. Pit barbecue, seasoned hickory from local trees, hogs raised or a boar hunted. The hickory burned down to coals and the hog slow cooked for nearly a day to a smoky, fall-apart moistness a city slicker like Doomberg can’t even imagine. The same for most of the Southeast and Texas has their brisket, Kansas City their pork or beef and Kentucky their lamb.

The bbq restaurants may use fire brick and stainless steel their ancestors may have lacked but the flavor, art and technique remain.

I haven’t done whole hog bbq simply because of the impractical enormity of servings resultant but did help with cooking cochinita pibil (roast suckling pig) for a big group in Central America about 25 years ago and a few cochon de lait fests in Louisiana back in the 1990s. For a family or small gathering the best bet is a pork shoulder or whole chickens using a bullet smoker or front loading smoker after starting out with chicken thighs or leg quarters to accomodate the peculiarities of the smoker (smokers are like guitars where each one is slightly different) and hone technique before moving on to feast sized portions.

viking01 on July 30, 2013 at 4:35 PM

Now off to prepare a peach cobbler and homemade vanilla ice cream.

Oldnuke on July 30, 2013 at 4:33 PM

Enjoy!

verbaluce on July 30, 2013 at 4:35 PM

I’m going suggest (not regulate, now) a hypertension diet.
Heavy on grains…ease up on the sweets.

verbaluce on July 30, 2013 at 4:29 PM

And therein you inadvertently reveal the problem.

The person who clearly NEEDS such a diet is Rachel Jeantel, who anyone with eyes can see is obese and carrying risk factors galore for hypertension, diabetes, etc.

But you’re trying to impose it on me, whose health you know nothing about.

Why? Because you are using diet as a means of punishing people whose opinions you don’t like.

This is what it’s all about, you sick pig of a fascist. You would never presume to say such a thing about Rachel Jeantel. You would never presume to say that her parents set a bad example, even though you SHRIEK at people like Sarah Palin and say they’re setting a bad example.

You’re a liar and a hypocrite, verbaluce. That’s typical of your liberalism, though; all Barack Obama supporters like you are sick demented parasites, desperate little brats who failed in the private sector just like your Obama did and now think you can use our government to bring us to heel.

northdallasthirty on July 30, 2013 at 4:36 PM

I’ve suffered long enough under Nanny Doomberg’s ‘We’re doing this for your own good’ tyranny.

Resist We Much on July 30, 2013 at 4:32 PM

In Florida?
Or am I mistaken?

verbaluce on July 30, 2013 at 4:36 PM

Or am I mistaken?

verbaluce on July 30, 2013 at 4:36 PM

Me thinks you’ll be seeing that one again.

But, BTW, RWM is in NYC.

Jabberwock on July 30, 2013 at 4:39 PM

But you’re trying to impose it on me, whose health you know nothing about.

Why? Because you are using diet as a means of punishing people whose opinions you don’t like.

This is what it’s all about, you sick pig of a fascist.

northdallasthirty on July 30, 2013 at 4:36 PM

Jay-zus, NDT…I said I was ‘suggesting’…not imposing.
And in jest, for criminies’ sake.
Look, I want you to be healthy…but I don’t need you to be.
Eat whatever the eff ya want.
(And lighten up. That would be the best thing for your health and well being.)

verbaluce on July 30, 2013 at 4:43 PM

Mayor Nanny Doomberg cranky?

He sounds like Hitler in the bunker.

viking01 on July 30, 2013 at 4:43 PM

Man..we just can’t stop pretty much agreeing.
2 cheers for sense and reason.

verbaluce on July 30, 2013 at 4:33 PM

If we “pretty much agree”, then why do you proselytize so often for the government to tell other people what to do and how to behave? I understand I have good sense and reason, but that sense and reason tells me that people must be responsible for themselves.

NOMOBO on July 30, 2013 at 4:44 PM

Or am I mistaken?
verbaluce on July 30, 2013 at 4:36 PM

Me thinks you’ll be seeing that one again.
Jabberwock on July 30, 2013 at 4:39 PM

Ha.
Well some of us don’t consider ourselves immune from the possibility.

verbaluce on July 30, 2013 at 4:45 PM

If we “pretty much agree”, then why do you proselytize so often for the government to tell other people what to do and how to behave? I understand I have good sense and reason, but that sense and reason tells me that people must be responsible for themselves.

NOMOBO on July 30, 2013 at 4:44 PM

How about ‘inform’ instead of ‘tell’?
And we are the government, btw.

verbaluce on July 30, 2013 at 4:47 PM

In Florida?
Or am I mistaken?

verbaluce on July 30, 2013 at 4:36 PM

I lived exclusively in Manhattan for years. I went to school there. I was married there. I spent my marital life there. It is only recently that I’ve started spending more time in Florida where we had a vacay home for years.

Resist We Much on July 30, 2013 at 4:50 PM

Well some of us don’t consider ourselves immune from the possibility.

verbaluce on July 30, 2013 at 4:45 PM

I’m with ya on that.
It’s a once a day THOUGHT.

Jabberwock on July 30, 2013 at 4:51 PM

The other day I thought I was wrong but I was mistaken.

viking01 on July 30, 2013 at 4:53 PM

How about ‘inform’ instead of ‘tell’?
And we are the government, btw.

verbaluce on July 30, 2013 at 4:47 PM

Inform and tell are functions in which the government should engage. Coercion is NOT a moral function of the government, and per the original topic of this thread that is in what the government is engaged.

And if you have been paying attention for the past many years the government is evidently NOT the people. The chief complaint among libertarian leaning conservatives is that there is a deep gulch between the people and the government. But that is an entirely different discussion.

You should try reading FA Hayek, a self described classic libberal. A good place to start your education would be Individualism and Economic Order

Maybe there is hope for you after all.

NOMOBO on July 30, 2013 at 4:58 PM

Have you ever heard the term ‘Hoover hog‘? I understand they’re quite tasty but have never had one. Maybe I’ll put that on my bucket list.

Oldnuke on July 30, 2013 at 4:15 PM

I wouldn’t. A “Hoover hog” is an armadillo. It was a Depression joke: Hoover had run in 1928 on the promise of “a chicken in every pot,” just before the crash.

In the Old South, from the end of the Civil War through the Great Depression, people ate five times as much pork as beef. The reason was feed: cows must be fed, and when the grazing runs out and you can’t afford silage, they die. But hogs could just be turned loose to run wild in the woods, they can root their own food and then be hunted down for food.

The wild-fed hogs were leaner, but also tougher, so the practice of long, slow cooking of the whole hog over low heat began, allowing the meat to cook in its own fat, adding flavor as it tenderized.

Adjoran on July 30, 2013 at 4:58 PM

Jay-zus, NDT…I said I was ‘suggesting’…not imposing.
And in jest, for criminies’ sake.

Nope, sorry. You deliberately tried to demean me, and I called your worthless ass on it.

You’re a coward, verbaluce, just like all liberals. Liberals and Obama supporters are rotten pieces of filth who con and take advantage of good people. Not a useful bit of productive worth about any of you.

Look, I want you to be healthy…but I don’t need you to be.
Eat whatever the eff ya want.
(And lighten up. That would be the best thing for your health and well being.)

verbaluce on July 30, 2013 at 4:43 PM

Sorry, but given how you endorse and support screaming idiots like Nancy Pelosi and her Hitler-esque ranting, you clearly don’t care about “lightening up”; you just want me to shut up.

Liberals like yourself are malicious, violent, hatemongering bigots, verbaluce. You and your idiot Obama want us dead, and people should take every word out of your mouth in exactly that context.

northdallasthirty on July 30, 2013 at 4:59 PM

And we are the government, btw.

verbaluce on July 30, 2013 at 4:47 PM

Of course.

Like Eric Holder, Lois Lerner, the EPA, the GSA, and every other alphabet organization under Obama, you are vicious racists and bigots who believe that black and liberal people should be allowed to commit whatever crimes they want while law-abiding white and conservative people should be harassed and punished.

You believe that voting against or criticizing Obama is a crime, and thus you act accordingly when you are in the government.

That is not “my” government. It is the government of sick fascist pigs and failures like yourself and Barack Obama.

northdallasthirty on July 30, 2013 at 5:02 PM

OT here you go RWM

an afternoon at the end of July to remember a time in the
Summer of 1976…and no escape from this song

http://www.youtube.com/watch?v=q4b3w6a9cSk

ToddPA on July 30, 2013 at 5:13 PM

Sorry, but given how you endorse and support screaming idiots like Nancy Pelosi and her Hitler-esque ranting, you clearly don’t care about “lightening up”; you just want me to shut up.

Liberals like yourself are malicious, violent, hatemongering bigots, verbaluce. You and your idiot Obama want us dead, and people should take every word out of your mouth in exactly that context.

northdallasthirty on July 30, 2013 at 4:59 PM

Maybe he just wants to join one of 0bama’s “Nudge Squads.”

CurtZHP on July 30, 2013 at 5:14 PM

Heh, I actually make chicken breast jerky for my dog :-) She loves it. I don’t buy the store bought stuff because it all comes from China and who knows what they put in it. I buy a couple of packages of chicken breast tenders and just dry them in an oven at 200 degF for a few hours and them break them up in bite sized pieces.

Oldnuke on July 30, 2013 at 4:05 PM

Yeah, we could personally support a chicken farm. My wonderful wife cooks every day for our two St. Bernards (we just lost our beloved Bloodhound a couple weeks ago). She does baked b.s. chicken breasts with basmati rice and vegetables for their dinner, followed by 3 chicken jerky strips each for dessert. Her dehydrator runs 24/7. She has her full time job taking care of the dogs and I have my full time job supporting her full time job.

NOMOBO on July 30, 2013 at 5:17 PM

FANTA?!?!

Really, MK?

I pictured you as a little more urbane than that…

JohnGalt23 on July 30, 2013 at 2:29 PM

I thought the Fanta was a bit weak too. MKH went and married that mushy middle guy, and now she’s not hammerin’ like she used to…I guess she didn’t want to start a war between the Coke/Pepsi drinkers.

kirkill on July 30, 2013 at 2:35 PM

I’m thinking the Little Ham is craving some super sweet orange goodness.

HornetSting on July 30, 2013 at 5:24 PM

Yeah, we could personally support a chicken farm. My wonderful wife cooks every day for our two St. Bernards (we just lost our beloved Bloodhound a couple weeks ago). She does baked b.s. chicken breasts with basmati rice and vegetables for their dinner, followed by 3 chicken jerky strips each for dessert. Her dehydrator runs 24/7. She has her full time job taking care of the dogs and I have my full time job supporting her full time job.

NOMOBO on July 30, 2013 at 5:17 PM

WOW! I have a pomeranian mix, about 10lbs :-) What she eats you could hold in one hand easily.

Oldnuke on July 30, 2013 at 5:42 PM

maybe the Mayor could start pushing TAB.

Anyone remember that God Awful drink?

ToddPA on July 30, 2013 at 3:07 PM

My parents wouldn’t buy us Tab and I didn’t understand why at the time.

When I was old enough to start buying my own soda, Tab was off the shelves.

22044 on July 30, 2013 at 3:15 PM

Tab never left the shelves.

“TaB is Back” so the new Coca Cola slogan reads for TaB Soda. Tab is a diet cola soft drink that has had quite a past to say the least. Created in 1963 as a competitor to Diet Rite, TaB gained quite a following of drinkers. TaB was know for using sodium saccharin which ultimately became an issue with the FDA causing a warning to be placed on the product stating saccharin was found to be a carcinogen. By 2000 this notion had been debunked and the warning had been removed as scientific community realized there was no correlation.

Del Dolemonte on July 30, 2013 at 5:42 PM

WOW! I have a pomeranian mix, about 10lbs :-) What she eats you could hold in one hand easily.

Oldnuke on July 30, 2013 at 5:42 PM

You’re a smarter man than I. Our late Bloodhound was a big boy at about 210 lbs., our female St. Bernard is somewhat small at 130 lbs, and the male St. Bernard is a runt at about 100 lbs. And I would bet that your pomeranian is a hell of a better watchdog than any of my “kids”.

NOMOBO on July 30, 2013 at 5:47 PM

Bloomberg’s pinched up liberal face makes me wanna drink so much Coca Cola from a Big Gulp that the sugar shoots me to the top of the Empire State bldg and back again.

And I’m a straight-up diet soda drinker, people. I’d drink the sugar and get the cavities just to spite him. Nanny Stater. Humph!

Grace_is_sufficient on July 30, 2013 at 6:09 PM

Adjoran on July 30, 2013 at 4:58 PM

I wouldn’t. A “Hoover hog” is an armadillo. It was a Depression joke: Hoover had run in 1928 on the promise of “a chicken in every pot,” just before the crash.

:-) Didn’t follow the link did you? It would kind of indicate that I know what a Hoover hog is. Did you know that people did and still do eat armadillo?

In the Old South, from the end of the Civil War through the Great Depression, people ate five times as much pork as beef. The reason was feed: cows must be fed, and when the grazing runs out and you can’t afford silage, they die. But hogs could just be turned loose to run wild in the woods, they can root their own food and then be hunted down for food.

I grew up on a farm in Western Kentucky about 90 miles North of Nashville Tennessee. It was after the civil war but not by too much :-) We processed our own pork and grew all of our own vegetables. We raised some beef but it mostly went to market. We also kept milk cows and goats. We grew the feed ourselves but had it ground at the local feed mill. We canned lots and lots of food every year. The meat was salt cured and smoked we never had a freezer although we did have a refrigerator. Our several hundred fruit trees provided us with ample fruits for drying, making jams, jellies and preserves. Ever had corn cob jelly? How about cockleburr jelly or Watermelon rind preserves? Fantastic stuff and I’m not joking we really made them. We also grew strawberries and picked blackberries. Homemade strawberry jam is fantastic as is blackberry jam. Pear preserves made fresh on the farm can’t even be compared to stuff you buy in a store. We always had lots of chickens running around the barnyard too. They provided eggs and another meat source. One of my favorite dishes is chicken and dumplings. I still make it today but it’s just not the same as what my mother used to make.

The wild-fed hogs were leaner, but also tougher, so the practice of long, slow cooking of the whole hog over low heat began, allowing the meat to cook in its own fat, adding flavor as it tenderized.

When we killed hogs one of the things we did was to render the fat into lard. You did this by placing the hog fat into a large cast iron kettle over an open fire. As the fat cooked out the lard would be ladled out into 5 gallon buckets to be stored and used in the coming months. We would take a few of the loin cuts and drop them into the hot lard and deep fry them. Pork loin cooked like this is so good you can’t even describe it. Once the lard was rendered out of the cut up fat we took the little crispy pieces and placed them in a piece of cloth and twisted the cloth to squeeze every last drop of lard out. What was left was called cracklings. We salted them and ate them as snacks or put a few in corn bread batter and made cracklin’ bread.

The only reason we didn’t eat armadillo is that they don’t live in Kentucky.

Oldnuke on July 30, 2013 at 6:12 PM

Distraction. The real action’s back in the count room where the skimming is taking place.

Dr. ZhivBlago on July 30, 2013 at 6:46 PM

The idjut, all he had to do was call it a tax and the court would have upheld his power grab.

Don L on July 30, 2013 at 6:47 PM

The appeals court here reminds me of the old man in this scene. And yes, Bloomberg–and all statist liberals–are just like Loki.

http://youtu.be/dapip0EHYMI

duanesm on July 30, 2013 at 7:20 PM

Tab never left the shelves.

“TaB is Back” so the new Coca Cola slogan reads for TaB Soda. Tab is a diet cola soft drink that has had quite a past to say the least. Created in 1963 as a competitor to Diet Rite, TaB gained quite a following of drinkers. TaB was know for using sodium saccharin which ultimately became an issue with the FDA causing a warning to be placed on the product stating saccharin was found to be a carcinogen. By 2000 this notion had been debunked and the warning had been removed as scientific community realized there was no correlation.

Del Dolemonte on July 30, 2013 at 5:42 PM

Interesting, but if I can’t buy soda at Safeway, to me that means it’s unavailable. :)

22044 on July 30, 2013 at 8:00 PM

verbaluce on July 30, 2013

…looks like your enema’s can be larger than 16 ounces again va@inajuice

KOOLAID2 on July 30, 2013 at 9:03 PM

They may take our lives, but they will never take…our FANTA!

I have to be honest, I was kinda planning on keeping both…

RINO in Name Only on July 30, 2013 at 9:07 PM

The government’s argument flowed, the court states, from the idea that the “Board of Health has been vested with the power to act on any health related manner,” which the court calls a “fundamental misunderstanding” of administrative vs. legislative power. “An agency’s attempt to ‘take it upon itself to fill the vacuum and impose a solution of its own’ is improper.”

Presidents hardest hit.

(Yeah, as if Obama’s paying any attention to anyone telling him, “No.”)

tom on July 30, 2013 at 9:50 PM

In Florida?
Or am I mistaken?
verbaluce on July 30, 2013 at 4:36 PM

I lived exclusively in Manhattan for years. I went to school there. I was married there. I spent my marital life there. It is only recently that I’ve started spending more time in Florida where we had a vacay home for years.
Resist We Much on July 30, 2013 at 4:50 PM

Sort of same here. Though Brooklyn…and my Florida is Maine.

verbaluce on July 30, 2013 at 10:28 PM

I almost never get a sugary carbonated beverage as large as 16 oz but I just might have to go out and get a Big Gulp to commemorate this–maybe a massively super-sized frozen Coke, take a selfie with it and tweet it to Gloom’n’Doomberg. Yeah, that’d do it.

stukinIL4now on July 30, 2013 at 11:00 PM

Looks like Bloomberg needs to do like the dictator of the U.S. (figure out a way to use an executive order in NYC)

mobydutch on July 31, 2013 at 12:51 AM

This whole sugary drink legislation and attendant adjudication is certainly a wise and useful expenditure of taxpayer dollars. Sure am glad we’ve solved all the more important problems facing society and have the time and money to address it.

ConservativeLA on July 31, 2013 at 4:53 AM

What a waste of friggin taxpayer money that was. Can’t those idiots see something is unconstituional before they waste all that tome and money processing something so stupid? Like the gun stuff too. I’ve noticed how they avoid getting that up to the Supreme Court level because they know whats gonna happen.

johnnyU on July 31, 2013 at 5:26 AM

Restraining the nanny state, a glimmer of hope in a field of darkness.

petefrt on July 31, 2013 at 8:43 AM

Restraining the nanny state, a glimmer of hope in a field of darkness.

petefrt on July 31, 2013 at 8:43 AM

No, more like a straw in the stinking cesspool of our political and philosophical universe.

BTW, I think obesity is a real problem but I also see that our caloric intake is a testament to mankind’s evolutionary success.

Check out the brain development of vegan’s and berry eaters but don’t get too far into it:

http://evoanth.wordpress.com/2013/07/31/paranthropus-diet-and-their-brain-size/

IlikedAUH2O on July 31, 2013 at 9:11 AM

Bloomberg made a great career from his financial information business, but ended it all by being unable mind his own.

New Yorkers will raise a Big Gulp and a Bronx Cheer to his well-earned retirement.

virgo on August 1, 2013 at 12:41 AM

FANTA?!?!

Really, MK?

I pictured you as a little more urbane than that…

JohnGalt23 on July 30, 2013 at 2:29 PM

I figured she needed a soft drink that started with “F”… you know, for FREEDOM?

TMOverbeck on August 1, 2013 at 7:57 AM

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