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Thread: NY judge halts Bloomberg ban on large sugary drinks

  1. #141
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    Re: NY judge halts Bloomberg ban on large sugary drinks

    Quote Originally Posted by MMC View Post
    A defeat for Bloomberg. Judge layed into him too!

    In his ruling, Judge Tingling found the Board of Health's mission is to protect New Yorkers by providing regulations that prevent and protect against diseases. Those powers, he argued, don't include the authority to "limit or ban a legal item under the guise of 'controlling chronic disease.' "

    The board may supervise and regulate the city's food supply when it affects public health, but the City Charter clearly outlines when such steps may be taken: According to Judge Tingling, the city must face imminent danger due to disease.

    "That has not been demonstrated," he wrote.

    Judge Tingling also suggested that Mr. Bloomberg overstepped his powers by bringing the sugary drink rules before the Board of Health, which is solely appointed by him. The City Council, he wrote, is the legislative body "and it alone has the authority to legislate as the board seeks to do here."


    It's also good to know that Bloomberg would overstep his bounds.....especially if he decides to run for the Presidency.
    Underlined and red: If this is true then it could be made into a case against Bloomberg's rules on smokeing in open areas like parks and such. Hope it is true and that it does happen. Sick and tired of people always targeting smokers.
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    Re: NY judge halts Bloomberg ban on large sugary drinks

    Quote Originally Posted by Kal'Stang View Post
    Underlined and red: If this is true then it could be made into a case against Bloomberg's rules on smokeing in open areas like parks and such. Hope it is true and that it does happen. Sick and tired of people always targeting smokers.
    But they still need those Cigarette Taxes.....huh?

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    Re: NY judge halts Bloomberg ban on large sugary drinks

    Quote Originally Posted by Kal'Stang View Post
    Underlined and red: If this is true then it could be made into a case against Bloomberg's rules on smokeing in open areas like parks and such. Hope it is true and that it does happen. Sick and tired of people always targeting smokers.
    The no smoking laws were passed by the City Council, unlike this soda ban
    Quote Originally Posted by matchlight View Post
    Justice Thomas' opinions consistently contain precise, detailed constitutional analyses.
    Quote Originally Posted by jaeger19 View Post
    the vast majority of folks that need healthcare are on Medicare.. both rich and poor..

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    Re: NY judge halts Bloomberg ban on large sugary drinks

    Quote Originally Posted by laska View Post
    They should ask Ron Paul if a woman say is getting assaulted in front of you do you have a moral obligation to stop it as an individual if you can. Libertarian flaw is they support survival of fittest instead of laws pertaining to civilization. Age old question are we our brothers keepers. Also ask Ron Paul sometime if he was president and there was reason to believe there was a nuke in a suitcase in a house that has 30 minutes before it blows, no time for legal search, would he go ahead and let the bomb squad in. I could be wrong but I have a feeling he may say the latter is illegal search and against individual rights and let an entire city get blown up. His philosophy seems to be by the letter, and certain situations common sense would be put aside.
    Umm.... You apparently have no clue about the actual laws pertaining to search and seizure.

    That situation you described is already covered by laws/precedent pertaining to the search under exigent circumstances....... granted the information on the nuke being in the home was credible information and not some whack job going up to a random cop and saying, "Thar be a nucululear grenad in da haus!"
    "I condemn the ideology of White Supremacy and Nazism. They are thugs, criminals, and repugnant, and are against what I believe to be "The American Way" "
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    Re: NY judge halts Bloomberg ban on large sugary drinks

    Quote Originally Posted by sangha View Post
    Just curious: How many people here ever drink 32oz's of soda at one sitting?
    I do. In fact, 32 oz is small for me. I don't drink coffee. I rarely drink alcohol anymore. I rarely drink milk or juice. But, I am a soda-holic. Diet soda (if that makes a difference). That and ice water are my two main drinks.
    If you claim sexual harassment to be wrong, yet you defend anyone on your side for any reason,
    then you are a hypocrite and everything you say on the matter is just babble.

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    Re: NY judge halts Bloomberg ban on large sugary drinks

    Yesterday Mayor Bloomberg said that he was only, "...encouraging people to make better choices.". (I'm paraphrasing, but that's pretty damn close)

    Which sounds good on its surface. I just cannot figure out how taking away the ability to make a choice qualifies as being allowed to make a choice.
    If you claim sexual harassment to be wrong, yet you defend anyone on your side for any reason,
    then you are a hypocrite and everything you say on the matter is just babble.

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    Re: NY judge halts Bloomberg ban on large sugary drinks

    Quote Originally Posted by sangha View Post
    The no smoking laws were passed by the City Council, unlike this soda ban
    The fact that the soda ban was enacted by that council is only part of the reason that the judge rejected it. The part that I underlined and put in red is the part that I was talking about. Here..."the city must face imminent danger due to disease."
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    Re: NY judge halts Bloomberg ban on large sugary drinks

    Quote Originally Posted by Kal'Stang View Post
    The fact that the soda ban was enacted by that council is only part of the reason that the judge rejected it. The part that I underlined and put in red is the part that I was talking about. Here..."the city must face imminent danger due to disease."
    The two are linked. The City Council has not obligation to show that the ]"the city must face imminent danger due to disease." in order to regulate the sale of a product. The BoH does.
    Quote Originally Posted by matchlight View Post
    Justice Thomas' opinions consistently contain precise, detailed constitutional analyses.
    Quote Originally Posted by jaeger19 View Post
    the vast majority of folks that need healthcare are on Medicare.. both rich and poor..

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    Re: NY judge halts Bloomberg ban on large sugary drinks

    I guess NYC will soon ban beef from being eaten within city limits due to mad cow creating "imminent danger due to disease".

    In the Big Apple, you have no right to high cholestrol.

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    Re: NY judge halts Bloomberg ban on large sugary drinks

    Quote Originally Posted by sangha View Post
    The two are linked. The City Council has not obligation to show that the ]"the city must face imminent danger due to disease." in order to regulate the sale of a product. The BoH does.
    Banning cigarette use, a legal product, in certain area's is not regulating the sale of a product.

    And yes, the city council still has to prove that there is a state interest in support of any law that bans something. That is something that is determined by the courts, not some legislative body. The city council could ban the sale of something, but banning the use of a federally legal product is something else entirely.
    I have an answer for everything...you may not like the answer or it may not satisfy your curiosity..but it will still be an answer. ~ Kal'Stang

    My mind and my heart are saying I'm in my twenties. My body is pointing at my mind and heart and laughing its ass off. ~ Kal'Stang

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