NEW YORK (CBSNewYork) – It looks like supersized sugary drinks in New York City are staying on the menu.
In a unanimous opinion, an appeals court upheld a lower court’s decision Tuesday, saying the Board of Health’s plan to put a 16-ounce limit on sugary drinks was an illegal overreach of executive power.
The four-judge panel of the state Supreme Court Appellate Division said the Board of Health was acting too much like a legislative body when it created the ban and said it didn’t believe sugary drinks were “inherently harmful.”
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The judges also said the board appeared to have created much of the new rules on political or economic considerations, rather than health concerns.
Bloomberg said he planned to appeal the appeal and, if that didn't work, buy off legislators with his PAC money.
Okay, I made up the last part about buying off legislators with his PAC money, but since that's what he's been doing on the gun control and education reform issues, there's no reason to think he won't try to do the same with the soda ban nonsense.
But for now, he has lost on this issue.
And now, on to my Big Gulp - although I prefer club soda to anything else...
It is called "over-reach". The Danielson / VAM evaluation scheme is a combination of over-reach and workplace harassment since it is capricious and arbitrary. Who will take on the legal challenge of this flawed faux evaluation scheme?
ReplyDeleteIt certainly is a big gulp to try and hit all those domains in the 15 minute drive by observation.
DeleteThe best part of this story is that there is no way Bloomberg can "win" an appeal in time before he leaves office. Thus, he can't add this "victory" to his "legacy". Hurray for the people of NYC and down with the Nanny State!!!
ReplyDeleteGreat point. And one would hope that whoever follows him will drop this nonsense. But if it's Quinn...
DeleteThe worst part of this saga is that everyone has been distracted by the oversized soda ban. Not too many people know that lives have been lost as a result of the 911 fraud committed by emperor Bloomberg. Now, which is more significant? The oversized soda ban or the 911 multi- billion dollar fraud?
ReplyDeleteI agree - the 911 system mess has gotten some press, but few people seem to understand how serious it is. We had better hope there is not another Sandy because Bloomberg's 911 system will crash worse than Cathie Black's educator career. Who knows how many people would be affected by this?
DeleteIt is a shame that Michael Wolff and Bill Keller and the rest of the suck up press are too busy lapping at Bloomberg to realize how much he has screwed up.
Sorry, I have to disagree. I think most people pretty much aware in NYC about what is going on with the 911 debacle and everyone is pretty aware of the entire "Stop and Frisk" situation. Point is, this is a victory, (although small) for the people of NYC against Dictator Bloombucks. It is like chopping down a tree. It takes many small whacks to get the job done. Each victory for the people against Bloombucks is one more whack at him and his enormous ego.
ReplyDeleteI don't think the enormity of a 911 system that crashes half a dozen times a day has hit most people. Unfortunately it takes a Katrina kind of situation for people to realize how bad a politician really is. Certainly that's what it took for people to see Bush for what he was. I hope to God we do NOT have another Sandy or any other emergency that requires tens of thousands of 911 calls in a twenty four hour period because the system will crash and people will die as a result. But that's the sort of thing that has to happen before people really get the point about a politician who, up until now, has had very, very good press to cover his mistakes for him. Bloomberg got a little bit during the Boxer Day Blizzard, but mostly he has skirted accountability for the 911 system debacle, CityTime, his piss-poor preparations for Sandy, etc.
DeleteI've got one thing to say Bloomberg. "TA HA HA HA! TA-HA-HA-HA-HA-HA!" Face it Bloomberg - YOU LOST! Your not taking our Big Gulp sodas away! Just like your not taking our legal firearms and high capacity magazines away! Can we get our designated cigarette smoking areas in the workplace, bars, clubs, restaurants, diners, theaters, movies, sporting events, beaches and parks back? As well as get rid of the cigarette taxes and bike lanes?
ReplyDeleteGet used to losing Bloomberg because it is going to happen a lot more often! With any luck the next mayor will undo all the damage you've done!
- James from NYCbody.com