Wednesday 31 July 2013

Bloomberg's soda ban is still illegal

Remember that happy day in March when the splendidly named Judge Tingling ruled that Michael "Skeletor" Bloomberg had no authority to prohibit New Yorkers from buying a pint of Coke? Mike sounded pretty cocky after that bloody nose.

"We think the judge is totally in error in the way he interpreted the law and we are very confident that we will win on appeal."

Alas, yesterday brought more bad news for the pocket dictator...

Another court ruling has taken the fizz out of New York City's ban on big, sugary sodas.

A New York appeals court on Tuesday ruled that the city Board of Health exceeded its legal authority and acted unconstitutionally when it tried to put a size limit on soft drinks served in city restaurants.

"The Board of Health overstepped the boundaries of its lawfully delegated authority," the court said in its decision.

The state Supreme Court Appellate Division, with its opinion, upheld an earlier ruling that stopped the ban from taking effect in March.

The ruling of the four judge panel was unanimous, but that hasn't stopped the demented billionaire from entertaining the same delusion as before.

"Today's decision is a temporary setback, and we plan to appeal this decision as we continue the fight against the obesity epidemic."

Poor old Bloomberg. He must hate living in America with that whole freedom thing they have over there.


Bucko said...

Surely you only get one appeal? You should be told to feck off if you come back for a third round.

ETSisbull said...

@Bucko The Moose

The only options would be if the appeals court sent it back to the trail court for other additional proceedings (which is not the case here), to a State Supreme Court, and then possibly to the United States Supreme Court.

Unknown said...

New York insanity knows no bounds. They think they can ban assault colas, but people are smart enough to know how to reload their cups from a 2 liter bottle, or just buy 2 16 oz drinks. If the businesses are smart, they will offer 2 for 1 specials to customers who also buy salty snacks.

- Jake from New York