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NY judge halts Bloomberg ban on large sugary drinks

Banning cigarette use, a legal product, in certain area's is not regulating the sale of a product.

I didn't say it was. In the case of the soda ban, it was regulating the sale of a product. That's all I was saying or implying

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.

Yes, there must be a "state interest" but that is a much lower bar than having to show "imminent danger due to disease"
 
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. :shrug:

Myself, I think Bloomberg was Watching to much of Father Knows Best. :lol:

Although he thinks he will win on appeal. Since he basing the defense now on loopholes.
shrug.gif
 
Myself, I think Bloomberg was Watching to much of Father Knows Best. :lol:

Although he thinks he will win on appeal. Since he basing the defense now on loopholes.
shrug.gif

Sadly, Mayor Bloomberg is what many people think of as the epitome of a "Liberal", when in truth, he's just a kosher fascist....................
 
Sadly, Mayor Bloomberg is what many people think of as the epitome of a "Liberal", when in truth, he's just a kosher fascist....................

And to think he owns a News Media Outlet. My, My, my! :shock:
 
To mayor, NYC soda ruling just 'temporary setback'.....

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NEW YORK (AP) — Despite Mayor Michael Bloomberg's bullishness, political realities and legal questions make for an uncertain future for one of the premier pieces of his legacy: a now-blocked ban on supersized sugary drinks.

The city lost no time Tuesday getting started on the next round of the fight after a judge nixed the first-of-its-kind regulation. Bloomberg called the strongly worded court ruling a "temporary setback" and emphasizing that the city is confident about winning an appeal. He predicted that in the meantime, the novel regulation would become a bellwether in the national fight against obesity.

"I don't think there's any doubt that momentum is moving in our direction," he said after convening a thicket of news cameras at a Manhattan diner that is voluntarily complying with the stricken-down rule.

While the city has ultimately prevailed in some similar cases, legal experts say it's unclear how judges will view whether health regulators overshot their authority in this one. Moreover, the appeal could linger beyond Bloomberg's term when it ends this year, and several of his would-be successors don't appear to have his appetite for pursuing it.

State Supreme Court Justice Milton Tingling's decision, issued Monday, says that the soda rule has so many exemptions that it's illegally arbitrary and that the Bloomberg-appointed Board of Health trod on the City Council's turf to impose it.

"This is a serious challenge to the city," particularly for saying the health board violated the separation-of-powers principle, said James Fanto, a Brooklyn Law School professor who specializes in business law and regulation.

The city filed a formal notice Tuesday of its appeal. The American Beverage Association and other opponents of the rule said they felt the judge's decision was strong and were confident in it.....snip~

To mayor, NYC soda ruling just 'temporary setback'
APNews-Mar 12, 2013 <<<<< More here.

Bloomberg is one smug-azz lil runt. Wonder if his ego would be like it is if he wasn't a Billionaire. How did he think this would affect those that are obese is beyond me. Do you think he forgot about what peoples liberties are? The good news is the appeal will go beyond his term. Doesn't look like any other Democrats wants to pick up this agenda after Bloomberg is done.

We definitely would like to see him lose all the way round on this. Which then if we can chase him out of other states elections over the Gun Control issues. Might be enough to force him to reconsider about running for a higher office. Maybe even enough to send him out to pasture.

Should social media be used to go after Bloomberg and his career? Used to destroy him Publicly? Facebook and Twitter could possibly put him in some awkward situations to respond to. Mass rallys demonstrating anytime he opens his mouth to give a speech. Even to the point of forcing him to waste his money just to make an attempt to be relevant. He has shown what he is about and those like him. They would sell out this country faster than a heartbeat.
 
Oh that's great....And when your drunk arse kills someone on the way home, I am sure you'll say it's Mickey-D's fault for providing you the mixer, and ice.

You seem to be assuming he is driving, or he is not pulling your leg. You know what they say about assumptions. :) Cheers.
 
Oh that's great....And when your drunk arse kills someone on the way home, I am sure you'll say it's Mickey-D's fault for providing you the mixer, and ice.
No I won't, it's my lawyer who will say that. [/sarcasm & snarkiness]
 
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