To mark IDC Herzliya’s 20th anniversary, we spent a day following Prof. Uriel Reichman, IDC’s founder and president, and Jonathan Davis, VP for External Relations, around its delightful campus.
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?
About the Author:
If you don't see your comment after publishing it, refresh the page.
Comments are closed.
“We don’t just care for the children; we make sure they have the best quality of life.”
“Why do people get complacent with the things they’re told?”
Arab opposition to a Jewish State of any size was made known by word and deed in the form of terror
As Arabs murder and maim Jews, Jordan’s leaders bark the blood libel of “Israeli aggression.”
Perhaps attacking a terrorist’s legacy broadly and publicly would dissuade others from terrorism?
R’ Aryeh yelled “Run, I’ll fight!” Using a chair against terrorists to buy time so others could flee
Riot started when Muslim students wore the Pal. kaffiyeh and Druze students demanded them removed
The “Media” didn’t want us to know what a kind, giving, loving young woman Dalia was.
A “Palestine” could become another Lebanon, with many different factions battling for control.
Maimonides himself walked and prayed in the permissible areas when he visited Eretz Yisrael in 1165
Having a strong community presence at the polls shows our elected officials we care about the issues
Israel’s Temple Mount policy prefers to blames the Jews-not the attackers-for the crisis.
When Islam conquered the Holy Land, it made its capital in Ramle of all places, not in Jerusalem.
I joined the large crowd but this time it was more personal; my cousin Aryeh was one of the victims.
Last year the Obama administration sought to minimize civilian deaths from drone strikes by generally requiring that missile attacks be limited to instances where Americans were directly threatened and there was a “near certainty” that no civilians would be killed.
Toward the end of Operation Protective Edge this past summer, the president was unusually vocal about Israel’s so-called disproportionate use of force and alleged lack of compliance with international humanitarian law.
There was no accompanying caption, but the cartoon could not help but feed the anti-Semitic canard that Israel was responsible for 9/11.
An accomplished Torah scholar and ardent adherent of Bobov chassidus, he was renowned for his self-effacing dedication and skills as an international lawyer and law professor
The fact that the United States government after World War II sought to take advantage of the expertise of German scientists, even those known to have contributed to the Nazi war effort, is well known and largely accepted as having been necessary for America’s national defense. (Wernher von Braun is perhaps the most famous and […]
Printed from: http://www.jewishpress.com/indepth/editorial/judge-to-nanny-mayor-not-so-fast/2013/03/13/
Scan this QR code to visit this page online: