Patterico's Pontifications

3/11/2013

SUGAR FOR ALL!!!! Court Strikes Down Bloomberg’s Giant Soda Ban

Filed under: General — Patterico @ 8:27 pm

Big Gulps are still permitted in NYC! All hail the courts!

Of course, the decision simply says the ban was too arbitrary. If he bans more stuff, maybe it will be less arbitrary! Stay tuned . . .

45 Comments

  1. Ding.

    Comment by Patterico (9c670f) — 3/11/2013 @ 8:27 pm

  2. The Court basically told him he wasn’t totalitarian enough.

    Comment by JD (b63a52) — 3/11/2013 @ 8:29 pm

  3. I vote to ban nanny-state mayors and allow every food establishment to sell however much of whatever food or drink their customers want.

    Comment by aunursa (7014a8) — 3/11/2013 @ 8:31 pm

  4. Permanently overthrown. Whiny little biatch is trying to save face.

    Meanwhile early odds for opening vote at Vatican via Newsmax:

    Italian Vatican observers are predicting that Cardinal Angelo Scola, the Archbishop of Milan, is likely to lead in the first ballot, possibly acquiring between 30 and 40 votes. But American Cardinals Sean O’Malley and Timothy Dolan, Canadian Cardinal Marc Ouellet, and Brazilian Cardinal Odilo Scherer also are expected to poll well in early voting, possibly acquiring anywhere from 12 to 20 or more votes.

    Comment by gary gulrud (dd7d4e) — 3/11/2013 @ 8:35 pm

  5. Perhaps Mr. Mayor went a Big Gulp too far.

    Comment by navyvet (02dd07) — 3/11/2013 @ 8:38 pm

  6. The new puffy face in the Senate from KY:

    http://dailycaller.com/2013/03/11/in-2010-ashley-judd-accused-apple-customers-of-financing-mass-rape/#ixzz2NGfpwmpJ

    Or not.

    Comment by gary gulrud (dd7d4e) — 3/11/2013 @ 8:46 pm

  7. Sweet Saint Andreas, hear our prayer:

    http://atlasshrugs2000.typepad.com/atlas_shrugs/2013/03/cbs-news-on-afdi-ads-killing-jews-is-worship-ad-campaign-rolled-out-on-sf-buses.html

    Comment by gary gulrud (dd7d4e) — 3/11/2013 @ 9:40 pm

  8. ashley judd lol

    food stamp’s lowered the bar for public office something fierce but girlfriend’s just deluded

    Comment by happyfeet (8ce051) — 3/11/2013 @ 9:58 pm

  9. Well around the time she did that film as a serial killer with Ewan McGregor, should have been a tipoff.

    Comment by narciso (3fec35) — 3/11/2013 @ 10:05 pm

  10. Is anyone besides me getting irked by the fascist two step?

    1) Assert you have a right to something like healthcare.

    2) Once you get government to provide the service deny it to people who aren’t behaving properly and thus “costing too much.”

    Hey! If healthcare is a freakin’ right then it’s a right. You don’t need to do anything to deserve it, like living under Nanny Bloomberg’s or Moochelle’s calorie restrictions. What does it matter if you need the bypass surgery due to your family history or that you stopped by Dunkin’ Donuts three times a day. It’s a right.

    Comment by Steve57 (60a887) — 3/11/2013 @ 10:09 pm

  11. Hey Sugar:

    http://mediadecoder.blogs.nytimes.com/2012/07/25/sarah-palin-turns-heads-at-nbc-party-in-beverly-hills/?WT.mc_id=BU-D-E-TAB-AD-VAR-VIDEO-ROS-0512-NA&WT.mc_ev=click

    Comment by gary gulrud (dd7d4e) — 3/11/2013 @ 10:11 pm

  12. And more recently;

    http://www.theledger.com/article/20130308/NEWS/130309216

    Comment by narciso (3fec35) — 3/11/2013 @ 10:21 pm

  13. Oops, my mistake. That was a hoax. Please remove my post, I’m embarrassed enough now.

    Comment by Chuck Bartowski (ad7249) — 3/11/2013 @ 10:44 pm

  14. it’s believable cause of how krugman is such a mark zandi style whore for hire

    Comment by happyfeet (8ce051) — 3/11/2013 @ 10:52 pm

  15. he’s intellectually bankrupt, so the story is close enough to true for the Internet.

    Comment by redc1c4 (403dff) — 3/12/2013 @ 2:18 am

  16. 13. They are hilarious, tempting to believe, and here’s one I may have to check further.

    http://dailycurrant.com/2013/03/04/catholic-church-blasted-lack-jewish-popes/

    There’s some site where we can find the internets history regardless. Not much of a sleuth tho, I hate work.

    Comment by gary gulrud (dd7d4e) — 3/12/2013 @ 2:22 am

  17. 14. I was going to say those rare Portuguese Portos are like crack. Easy to see going wrong there.

    Comment by gary gulrud (dd7d4e) — 3/12/2013 @ 2:25 am

  18. It would appear the ball is rolling:

    http://www.zerohedge.com/news/2013-03-11/spot-chinas-hot-money-time-bomb

    Hang on tight!

    Comment by gary gulrud (dd7d4e) — 3/12/2013 @ 3:26 am

  19. Step lively:

    http://www.nbcsandiego.com/news/local/Anza-Palm-Desert-Earthquake-196993061.html

    Looking at geomagnetic data I’d say not this time.

    Comment by gary gulrud (dd7d4e) — 3/12/2013 @ 3:34 am

  20. Looks like gary gulrud has taken over this thread. Why not get your own blog gary?

    On topic, what Mayor Bloomberg did was with good intent. I equate it with the setting of an age limit under which cigarettes and alcohol cannot be legally sold to our youth, therefore hardly the behavior of a tyrant or a “totaltarian”.

    This also raises the issue of whether it is appropriate to minimize the availability of junk food in K-12 school vending machines. Considering our obesity problem which often starts in childhood, I favor such limits.

    Comment by Perry (dc1eab) — 3/12/2013 @ 6:47 am

  21. Perry, you are as ignorant of nutrition as tax policy.

    Comment by SPQR (d58854) — 3/12/2013 @ 6:53 am

  22. Seeing as Bloomberg has solved the jobs problem in NYC, wait what?

    Comment by narciso (3fec35) — 3/12/2013 @ 6:58 am

  23. bloomberg is a fascist

    poor new yorkers have lost all sense of dignity they’re an incredibly debased people almost palestinian-like in their passive willingness to accept and embrace arbitrary spoon-fed stupidity

    Comment by happyfeet (8ce051) — 3/12/2013 @ 7:06 am

  24. Greetings:

    If mayor Mikey wants my Egg Cream, he’ll have to pry it from my cold, dead hand.

    Comment by 11B40 (392137) — 3/12/2013 @ 9:47 am

  25. The decision is surprisingly hard for me to understand.

    The judge seems to be saying that the BOH exceeded the powers delegated to it by the city charter.

    OK, fair enough. But it also seems to be saying that the *charter* is delegating powers in a way which violates the state constitution – it’s not clear on this, because it claims to be using the four-factor test from Boreali for “analyzing whether an administrative rule may have run afoul of the separation of powers doctrine”, which is vaguer than the specific point that the powers under the charter are exceeded. Furthermore, the opinion seems to be saying that notwithstanding the fact that the most recent charter effectively gives the BOH plenary power over matters of public health, the legislative history of the *preceding* charters makes it clear that the BOH’s writ runs just to communicable disease.

    So … the opinion strikes me as being something of a mess. I would expect it to be substantially modified on appeal, if the BOH chooses to appeal it.

    http://www.nytimes.com/interactive/2013/03/12/nyregion/12soda-decision.html?ref=nyregion&_r=0

    Comment by aphrael (5d993c) — 3/12/2013 @ 10:55 am

  26. Perry wrote:

    On topic, what Mayor Bloomberg did was with good intent. I equate it with the setting of an age limit under which cigarettes and alcohol cannot be legally sold to our youth, therefore hardly the behavior of a tyrant or a “totaltarian”.

    We also hold that we can set those limits because we are setting them to minors, people who have not reached the age at which they can be responsible for themselves. Why such rationale would apply top a 32 year old wanting to buy a Big Gulp escapes me.

    What concerns me more is you casual acceptance of this as something well-intended as something for our own good. I’d suggest that both tobacco and alcohol are much worse for you than extra weight, so if we could simply ban you consuming too much sugar — and salt; don’t forget that Bloomie has regulated that, too — and that if we can regulate away how much sugar an adult can buy, I see no reason we can’t do the same for tobacco and alcohol.

    This is all a Life of Julia meme: you just need the government to take care of you and be responsible for you.

    Comment by The grown-up Dana (3e4784) — 3/12/2013 @ 11:26 am

  27. “…casual acceptance of this as something well-intended as something for our own good…”

    As would be getting the trains to run on time.
    But, in watching a news clip on the reaction of New Yahkers over this decision, I would say that the way for Boomburg to deal with obesity in Gotham is to shut down all….ALL!….public transportation and get people walking again.
    My goodness, if they get any fatter, Manhattan is going to tip over.

    Comment by askeptic (b8ab92) — 3/12/2013 @ 11:42 am

  28. Dana: interesting. I would argue that extra weight is substantially worse for you than moderate use of alcohol.

    Comment by aphrael (5d993c) — 3/12/2013 @ 12:11 pm

  29. So … the opinion strikes me as being something of a mess. I would expect it to be substantially modified on appeal, if the BOH chooses to appeal it.

    ….

    Comment by aphrael (5d993c) — 3/12/2013 @ 10:55 am

    I imagine the opinion was written something like this: Judge’s note to clerks, “I would be an even bigger a*****le than Bloomberg if I upheld this stupid f***ing horse***t. Draft something within the bounds of judicial decorum striking it down.”

    Comment by nk (53646e) — 3/12/2013 @ 4:04 pm

  30. 20. Attention Deficit Syndrome Perry. Sorta answers why I don’t do a blog. I have a problem with paragraphs. Like finishing one.

    As to your problem? No we’re not interested. Drop dead already.

    Comment by gary gulrud (dd7d4e) — 3/12/2013 @ 4:16 pm

  31. aphrael wrote:

    Dana: interesting. I would argue that extra weight is substantially worse for you than moderate use of alcohol.

    Have you ever seen a body cut open and what the liver of a drinker looks like?

    You have added the adjective “moderate” to qualify your argument, but if you use the same adjective when it comes to being overweight, your argument is probably going to fail; it might start to gain more traction as you get to talking about the morbidly obese, but, even then, if the comparison comes to those who drink more heavily, I doubt you’ll win out.

    Comment by The Dana who doesn't drink (af9ec3) — 3/12/2013 @ 4:22 pm

  32. 26. Brooklyn only graduates 37% from HS. 80% who get a diploma are functionally illiterate.

    Seems like its a feature of the nanny state.

    Comment by gary gulrud (dd7d4e) — 3/12/2013 @ 6:22 pm

  33. re 32 re 26

    .37 x .2 = .074 = 7.4% of students who get into Brooklyn high schools come out being able to read.

    Imagine if a doctor correctly treated only 7.4% of his/her patient over 4 years. I don’t think they would keep their job.

    Comment by MD in Philly (3d3f72) — 3/12/2013 @ 6:38 pm

  34. On topic, what Mayor Bloomberg did was with good intent. I equate it with the setting of an age limit under which cigarettes and alcohol cannot be legally sold to our youth, therefore hardly the behavior of a tyrant or a “totaltarian”.

    Just because you equate them doesn’t mean they are equal. What Bloomberg did was restrict the behavior of consenting adults. He had no right butting into their private transactions. So, yes, it is tyranny, even if it’s a tyranny of which you approve.

    Comment by Chuck Bartowski (ad7249) — 3/12/2013 @ 7:34 pm

  35. Hope they don’t try anymore of this silly ‘government trying to make you healthy’ crap … especialy in NY. Let’s hope such nonsense never comes to the most obese states – where obesity kills multitudes of conservatives.

    Comment by Dad (d40769) — 3/12/2013 @ 9:19 pm

  36. Back at the ranch;

    http://hotair.com/archives/2013/03/12/the-usda-is-probably-going-to-intervene-in-the-sugar-market-for-only-the-zillionth-time/

    Comment by narciso (3fec35) — 3/12/2013 @ 9:23 pm

  37. Dad, your trolling is only getting more stupid by the hour.

    Comment by SPQR (768505) — 3/12/2013 @ 9:29 pm

  38. Dad – your hatred is sad. Pathetic. I hope you can find some modicum of happiness. Bless your little heart.

    Comment by JD (b63a52) — 3/12/2013 @ 9:33 pm

  39. At least the doggies will get the top health care under Obamacare, or maybe not:

    http://miami.cbslocal.com/2013/03/11/obamacare-may-bite-you-at-the-vets-office/

    Regardless, that medical device that keeps grandma alive, not so much without a few taxes:

    http://www.forbes.com/sites/henrymiller/2012/12/17/obamacares-medical-device-tax-will-cost-innovation-and-jobs/

    Judicial Watch, the home of right-wing crazies has something to think about:

    http://judicialwatch.org/blog/2013/03/obamacare-could-tax-smartphones-tablets/

    I mean, who knows, you have to pass the bill to know what’s in it.

    http://finance.townhall.com/columnists/bobbeauprez/2013/03/13/a-red-tape-tower–over-20000-pages-of-obamacare-regulations-n1532308

    Comment by Ag80 (b2c81f) — 3/12/2013 @ 9:51 pm

  40. That’s right, Dad. It is NOT the job of government to ‘keep us healthy’.
    Publish recommended daily allowances? Sure.
    Require nutrition info on packaging? Okay.
    Tell us what we can and cannot consume? NO.

    Comment by Icy (0936a6) — 3/12/2013 @ 9:54 pm

  41. Dad:

    I don’t think that obesity is killing conservatives at the rate you would like.

    Obesity is indeed killing people. Political correctness does not allow it to be discussed.

    Comment by Ag80 (b2c81f) — 3/12/2013 @ 9:57 pm

  42. Comment by Perry (dc1eab) — 3/12/2013 @ 6:47 am
    what Mayor Bloomberg did was with good intent
    – Yeah well, all totalitarians control the common citizenry ‘for their own good’.

    I equate it with the setting of an age limit under which cigarettes and alcohol cannot be legally sold to our youth, therefore hardly the behavior of a tyrant or a “totaltarian”
    – Thank you for illustrating my point. And what great ‘equating’! You have to be 21 to buy cigarettes or alcohol, but you can’t buy a 24 ounce soda until you’re . . . dead?

    This also raises the issue of whether it is appropriate to minimize the availability of junk food in K-12 school vending machines. Considering our obesity problem which often starts in childhood, I favor such limits
    – Sure, limit what is available in vending machines; that is, as long as you also DO NOT have a school lunch police checking the kids’ brown bags. Parents, not the state, are in charge of their children.

    Comment by Icy (0936a6) — 3/12/2013 @ 10:10 pm

  43. Hope they don’t try anymore of this silly ‘government trying to make you healthy’ crap

    The purpose of government is to insure the rights of the people. Aside from that, the people should be free to make their own choices and live their lives as they see fit.

    It’s not the place of government to “make you healthy”. That’s your job, and if you don’t wish to do it, that’s okay by me.

    Comment by Chuck Bartowski (ad7249) — 3/12/2013 @ 10:26 pm

  44. where obesity kills multitudes of conservatives.

    Yea, because unlike low-income folk, who don’t have lots of money for food, food, food (and whose neighborhoods are overwhelmingly enthralled by liberal politicians and policies) — and who traditionally have been fretted over by the left with: “Think of all the starving poor children!” — the more affluent out there (perhaps less staunchly pro-Democrat-Party than poor people) are packing on the pounds.

    Oops. Guess again.

    cnn.com, May 2012:

    Government researchers have even reported slight declines among certain subgroups (such as younger children and girls), leading some experts to speculate that the epidemic [of obesity] may have reached the high-water mark.

    But there are also signs that this turnaround applies to some kids more than others. Obesity generally has been a bigger problem among children from low-income families, and a trickle of recent evidence suggests rates may be falling more slowly, or not at all, in this population.

    Federal surveys of predominantly low-income children have not found the same declines among 2- to 5-year-olds seen in more comprehensive national surveys, for instance.

    A new study appearing in the May issue of the journal Pediatrics offers the latest evidence that less affluent children are faring worse when it comes to obesity. The study, which included a diverse group of nearly 37,000 Massachusetts children under age six, found that between 2004 and 2008 the obesity rate fell by 1.6 and 2.6 percentage points among boys and girls, respectively.

    As the researchers expected, however, the falloff was more pronounced among children with non-Medicaid health insurance than among those on Medicaid, the government-funded health plan for low-income families.

    In a 2010 study in the American Journal of Public Health, for instance, UCLA researchers tracked obesity rates among a representative sample of California teenagers. The overall rate was unchanged from 2001 to 2007, they found, but only because the declines among teens from middle- and high-income families were canceled out by a sharp increase among those living in poverty, especially the boys.

    “When we looked at [obesity] rates broken down by income, we saw that for adolescents whose family incomes are below the poverty line, those rates have gone up, and not just slightly, but rather dramatically,” says the lead author of that study, Susan Babey, Ph.D., a senior research scientist at the UCLA Center for Health Policy Research, in Los Angeles.

    ^ While I imagine there are a variety of politically dumb people who are surprisingly sensible about the ins and outs of a good diet, in general, I wouldn’t be surprised if a study revealed that very stereotypically urban-liberal-type people are as nonsensical when it comes to how and what they eat, as to who or what they favor on election day.

    Comment by Mark (36f69c) — 3/12/2013 @ 10:36 pm

  45. 43. The purpose of government is to insure the rights of the people. Aside from that, the people should be free to make their own choices and live their lives as they see fit.

    Comment by Chuck Bartowski (ad7249) — 3/12/2013 @ 10:26 pm

    Actually sometimes its also the job of the government to collect garbage and clear the snow from the streets but you’d never know it from the way Bloomberg runs New York.

    Comment by Steve57 (60a887) — 3/12/2013 @ 10:38 pm

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