web analytics
May 22, 2015 / 4 Sivan, 5775
At a Glance
InDepth
Sponsored Post


Judge To Nanny Mayor: Not So Fast

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.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Judge To Nanny Mayor: Not So Fast”

Comments are closed.

Current Top Story
Tzipi Hotovely, new Deputy Foreign Minister.
Foreign Minister Hotovely: Tell the World ‘God Gave Israel to the Jews’
Latest Indepth Stories
Harris-052215

We take a whole person approach, giving our people assistance with whatever they need.

Shalev and Rabbi Levinger

During my spiritual journey I discovered G-d spoke to man only once, to the Jewish people at Sinai

MK Moshe-Feiglin

20 years after the great Ethiopian aliyah, we must treat them like everyone else; no better or worse

Sprecher-052215

Connecting Bamidbar&Shavuot is simple-A world without Torah is midbar; with Torah a blessed paradise

Many Black protesters compared Baltimore’s unrest to the Palestinian penchant of terrorism & rioting

She credited success to “mini” decisions-Small choices building on each other leading to big changes

Shavuot 1915, 200000 Jews were expelled; amongst the largest single expulsions since Roman times

Realizing there was no US military threat, Iran resumed, expanded & accelerated its nuclear program

“Enlightened Jews” who refuse to show chareidim the tolerance they insist we give to Arabs sicken me

Somewhat surprisingly, the Vatican’s unwelcome gesture was diametrically at odds with what President Obama signaled in an interview with the news outlet Al Arabiya.

The recent solid victory of Prime Minister Benjamin Netanyahu’s Likud Party produced something very different.

The reaction is so strong that nine times out of ten, parents engage in some form of coping mechanism before arriving at a level of acceptance of a special-needs diagnosis.

“…his neshamah reached out to us to have the zechus of Torah learning to take with him on his final journey.”

The gap isn’t between Israeli and American Jews-it’s between American Jews and the rest of the world

More Articles from Editorial Board

“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.

The president is unwilling to cede any of what he considers his exclusive powers in the area of foreign policy and has struggled mightily to keep the Senate away from any role in the kind of deal to be negotiated.

A committed Religious Zionist, he was a sought-after adviser on Zionist affairs around the world.

More important, Mr. Obama is simply acceding to Iran’s position on the timing of the lifting of sanctions.

For our community, Mrs. Clinton’s foreign policy record will doubtless attract the most attention. And it is a most interesting one.

He went on to say that the United States would defend Israel if it were “attacked by any state.”

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: