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What intrigues us most about Justice Milton Tingling’s decision invalidating New York City’s ban on large sugary soft drinks is that his opinion contained nothing we all hadn’t heard before. The judge said the ban was “arbitrary and capricious” – a judicial no-no that is the legal equivalent of “it makes no sense” – and was improperly adopted by a non-elected Board of Health.
In sum and substance, these were the very arguments made by many critics of Mayor Bloomberg’s ill-advised plan in the months since the rule was adopted. The mayor, true to his nature, refused to budge. Yet as it now stands those arguments have been validated, and at least until a higher court decides otherwise, the matter is out of his hands.
Judge Tingling explained that the new rule applied only to certain sugared drinks like soda but exempted high-sugar drinks that also had high milk content. It applied to restaurants but not convenience stores. “It excludes other beverages that have significantly higher concentrations of sugar sweeteners and/or calories.” Under the rule, consumers could get unlimited refills of soda as long as none of the cups was larger than 16 ounces.
Judge Tingling also strongly implied the ban was not something that should have been passed by the New York City Board of Health – members of which are appointed by the mayor. He said that allowing a non-elected body to exercise this power “would leave its authority to define, create, mandate and enforce limited only by its own imagination” and “create an administrative Leviathan.”
The mayor has vowed to appeal Judge Tingling’s ruling, so it may not be the final word. But there are some frightening possibilities inherent in the mayor’s position, which involves public regulation of an individual’s decision over matters that affect his or her own health and not that of others.
Can or should the Board of Health dictate the size of portions served in a restaurant in an effort to promote public health? Can or should it restrict menus to certain foods? Can or should it outlaw alcohol consumption, even though on the national level it took an ill-fated constitutional amendment to do so nearly a hundred years ago?
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Latvia, July 4, 1941 they forced many Jews in the shul putting it on fire; everyone was burned alive
There’s blood on the reporters’ hands AND New Israel Fund for funding groups feeding lies to the UN
Respect & appreciation for our country is not only a civic value but an essential Jewish one as well
Israel, like the non-radical Islamic world. will be happy see the ISIS beheaded for once.
Kids shouldn’t have “uninstructed” Internet access, better to train them how to use it responsibly
What if years from now, IS were to control substantial territory? What world havoc would that wreak?
Rambam writes the verse’s double term refers to 2 messiahs: first King David; 2nd the final Mashiach
The Gaza flotilla has been rightfully and legally blocked by Israel’s Navy, with greetings from Bibi
The president described the attack as “an act that drew on a long history of bombs and arson and shots fired at churches, not random, but as a means of control, a way to terrorize and oppress…”
“The only [candidate] that’s going to give real support to Israel is me,” said the 69-year-old Trump.
And whereas at the outset the plan was that Iran would have to surrender most of its centrifuges, it will now be able to retain several thousand.
Now oil independent, US no longer needs its former strategic alliances with Gulf States-or Israel
Can adoption agencies limit the placement of children to heterosexual couples only?
It wasn’t too long ago that Mr. Erdogan, in his determination to burnish Turkey’s credentials as an Islamist state at the cost of the secularism that had brought much economic and political success to Turkey, upended his country’s decades-long cooperative relationship with Israel.
Does the pope really believe that Father Dehon’s destructive anti-Jewish calumnies do not disqualify him from the highest honor of the Catholic Church because in his time everyone did it?
There was something else of great importance in play – something we would have liked to see him take into account before deciding to stand with the boycotters.
“Let’s get something straight so we don’t kid each other…[the Iranians] already have paved a path to a bomb’s worth of material,” said Mr. Biden. “Iran could get there now if they walked away in two to three months without a deal.”
Beyond the particulars of this tragic death, however, we should all be concerned about the possibility that a criminal prosecution in a major American city is being driven by fear of mobs in the street.
Printed from: http://www.jewishpress.com/indepth/editorial/judge-to-nanny-mayor-not-so-fast/2013/03/13/
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