web analytics
April 25, 2015 / 6 Iyar, 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
"Killing Jews is worship that draws us closer to Allah." That's his Jihad. What's yours? - An ad campaign sponsored by  the American Freedom Defense Initiative.
MTA Hopes to Change Rule, Ban ‘Killing Jews’ Anti-Jihad Ad
Latest Indepth Stories
israeli-american flags

All GOP candidates will continue seeking – and praying – for Jewish money with greater success.

New immigrants from USA and Canada arriving at Ben Gurion Airport.

The one reason to make Aliyah outweighs all the arguments not to move to Israel.

Keeping-Jerusalem

“We returned to this Land not in order to be murdered, or uprooted. We came here to be replanted!”

Ambassador Danny Ayalon

I don’t fear for the future of our people because I believe Yeshiva University has created an “Iron Dome” of Jewish leadership

Poland’s great Jewish cities where Jewish life had once flourished and thrived, were now desolate

Chief rabbi, Rav Dovid Lau, stated that the Torah community’s turnout in the WZO election is vital.

Iran has at its core the same ideology as that of ISIS but, inaccurately, is thought a lesser threat

An early Yom Ha’atzmaut gathering for Israel’s 67th birthday with Pres. Rivlin of Israel and guests

Israel’s Memorial Day shouldn’t be a day of mourning, it’s a day to honor, not another Holocaust Day

God’s 3 part promise for Israel: to the Avot; a plentiful land; the eventual return home by all Jews

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.

“Texans share a lot of the same attitude as Israelis, that we say what we think and we think what we say, and that makes it much easier to communicate,” he says.

The fight against terror is a case in point…. The establishment of a collective forum for dialogue in the Persian Gulf region…is long overdue….

More Articles from Editorial Board

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.”

In their zechus may we all come to appreciate that life is a fleeting gift and resolve to spend every precious moment of it as if it were the last.

A worthy idea any way you look at it.

If nothing really changes in the hearts and minds of the Palestinians, is Israel obligated to provide them and its other adversaries launching pads for attacks?

The United States placed enormous pressure on Israel to relinquish its gains, which Prime Minister Ben-Gurion did with great reluctance.

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: