Did a Judge Do the Right Thing in Overturning the NYC Ban on Some Sugary Drinks?
A judge in the New York Supreme Court on Monday overturned a ban on limiting the size of sugary drinks in New York City in some instances, ruling it unconstitutional.
Bayside Patch reported a proposed ban on large sugary soft drinks in New York City was overturned by a State Supreme Court judge, just hours before it was set to take effect.
New York Supreme Court Judge Milton Tingling ruled the ban unconstitutional on Monday afternoon, stating the city was "enjoined and permanently restrained from implementing or enforcing the new regulations."
Bayside Patch reported that business leaders were critical of Mayor Michael Bloomberg’s ban on sodas larger than 16 ounces, a move that was scheduled to take effect Tuesday, March 12. Business leaders and some government officials opposed the law, saying it intruded on personal freedom and placed an unnecessary burden on business owners in a disproportionate one — effectively forbidding it in some instances and not in others.
Do you agree with the judge's ruling, or do you think actions such as these are necessary in the light of the country's growing obesity problem?
Dave Ballard
8:51 am on Tuesday, March 12, 2013
I think this law would have had a lot easier time passing court muster if it had actually been voted on by ANYONE, not simply dictated to the people on a whim and the stroke of a pen. Mayors, even in New York City, are not yet dictators, so yes it was the correct decision.
Now if the people of New York City had asked for the restriction, and their elected councilpersons had then voted to to pass it, that would have been another story. The rest of us might still have thought it lunacy, but at least then some sort of due process would have been followed.
T. S.
9:38 am on Tuesday, March 12, 2013
If you don't want to drink a large Coke... then don't buy it for yourself. But, how can anyone think they have the right to dictate how small my Coke should be?! This type of legislation is a waste of taxpayer funds and politicians who waste their time on ridiculous topics like this should be chastised for such waste. Are there not more important topics that need to be decided?
Edward
10:44 am on Tuesday, March 12, 2013
Back in the 70's political leaders mustered up new bills based on personal conviction and by noon the next day it was national law enforced by the military. With the lack of due process the judge made the right call. I hope the Mayor used up all three of his lifelines now that he has shown the people who he really is.
R++ - One of the famous "Dacula Crew"
10:59 pm on Tuesday, March 12, 2013
@Edward, unfortunately you didn't have to clarify that for some of us out here.
BTW Welcome to you and yours!
Edward
10:45 am on Tuesday, March 12, 2013
This happened in most African countries...my apologies for the lack of clarity.
Sharon Swanepoel
4:58 pm on Tuesday, March 12, 2013
Ahh, yes Edward, I remember too, I remember.
Sammy Hagar
10:51 am on Tuesday, March 12, 2013
A spike in obesity and diabetes occurred right about the time high fructose corn syrup replaced real sugar in soda drinks. Studying this possible correlation might be a better use of our time and resources. It shows no thought at all to simply ban large drink sizes.
One would think the "Big Corn" industry would be screaming about this decision, the same group that all but requires you to put damaging and environmentally irresponsible ethanol into your gas tank. C'mon powerful lobbyists, get with it!
Mr. B
2:34 pm on Tuesday, March 12, 2013
Both sugar and HFCS have 4 calories per gram. Sugar is 50% fructose, HFCS is either 48% or 55% depending on process. Any spike in obesity began when we started eating so many processed foods and sitting on the sofa playing video games instead of getting outside and taking a walk.
The "Big Corn" industry (whoever that is) doesn't give a crap. All the corn produced is used and there is a shortage of corn due to ethanol production. Prices are up to their highest levels. Cattle feed lots are closing due to no feed available and high costs for what they can get. We can thanks the Feds for this based on the requirements of ethanol in our gas. We can also blame this for the destruction of internal combustion engines. You can still find ethanol free gas but you have to look hard for it. Better gas mileage and less damage to our cars. Available at all boat fuel stations but at a high price. Better to find it at select gas stations.
Racer X
8:32 am on Wednesday, March 13, 2013
Sammy speaks the truth. While anyone would be well advised to stay away from either one, our bodies can not process High Fructose Corn Syrup like it can sugar. The problem is not with the calories in either, but our body's ability to process or get rid of it.
http://www.princeton.edu/main/news/archive/S26/91/22K07/
HFCS is in a lot more stuff than people realize. Look at the ingredients people. Next time you see a big butt, you would do well in understanding it is probably 80% HFCS just sitting there. Thanks USDA.
Mr B- Congress should all be fired on the ethanol issue alone. What a cluster this has been.
Charlie Russell
11:51 pm on Friday, March 15, 2013
@PhyddleDD I do agree with you, Sammy, and we all should know that Con Agra has made most of our food sources GMO. After they have modified everything genetically, I'm not that comfortable about long term results for our health.
dbn
2:15 pm on Tuesday, March 12, 2013
This is one of the silliest things that the Mayor of New York could have done. I think we have had enough of elitist politicians deciding/dictating what people can do. If there is a compelling public interest or health policy it should be put to the voters and not mandated.
Neil Stapley
4:20 pm on Tuesday, March 12, 2013
The law wasn't struck down because principle of it was wrong it was struck down becuse of the loopholes it contained penalizing one type of retailer while allowing supermarkets to carry on as normal.
We gouge ourselves on mega portions then blame everyone else for us getting fat, the majority of people are incapable of making the right choice, the law was an acknowledgement of this fact just wasn't thought out well enough. Who in their right mind would pay the extra buck for a mega cup when you could get the smallest and simply refill it for no extra change, makes our not so regular trip to fiveguys that much cheaper 1 22oz soda 3 straws fill up when nessescary .
Mr. B
4:50 pm on Tuesday, March 12, 2013
"the majority of people are incapable of making the right choice"
I'm so glad we have the government in place to tell us what we should do, drink, eat, where to live, etc. People are so incapable of living their own lives in Pursuit of Happiness without government intervention.
R++ - One of the famous "Dacula Crew"
10:01 pm on Tuesday, March 12, 2013
I've read quite a few articles on this so I have a couple of questions...
What ever happened to the "My Body, MY Choice" mantra we've hearing nonstop?
Or does that only come into play if a Who-Ha is involved?
Mr. B
10:32 pm on Tuesday, March 12, 2013
It's all part of the same thing R+. Kill your unborn baby, don't drink a large Coke, eat your veggies, wear your seatbelt, get your flu shot, and now with ObamaCare, even when to die...someone telling the sheep how to live their lives.
God Save America.
Becky
8:30 am on Thursday, March 14, 2013
"the majority of people are incapable of making the right choice"
Nice to know what you think of your fellow Americans.
Racer X
8:48 am on Thursday, March 14, 2013
Neal has a point here. It is true, with a rate of 2/3 Americans categorized as fat and 1/3 of America categorized as obese, you do have to wonder if the majority of people are indeed incapable of making the right choices. The numbers do not lie.
This, however, is not the issue (though it ought to be). The issue is, should the Government be making the decisions for us or should we simply take charge of our own lives and learn how to be responsible for ourselves?
Karsten Torch
9:15 am on Thursday, March 14, 2013
I think it boils down to the fact that we really don't HAVE to make our own choices anymore. There's no accountability, more and more laws are being passed to tell us what we have to do at certain times, what we can buy, hell our own government doesn't even trust us to own guns (I know why, goes back to that accountability thing, but that's another discussion), so why should people think for themselves?
Reminds me of the movie Wall-E. The people stop walking around, get fed through straws, have monitors to keep them entertained 24/7, and you see the progression of pictures from a skinny captain to being fatter and fatter. This is kind of funny when you watch it, but incredibly sad if you think about it. At one point during the movie the monitor is removed from one of the people, and they look up and say "We have a pool?" People become sheep when coddled. They expect things when you provide them, and then are indignant when you stop. Another example - during the Occupy movement (you know, the whiny hippies bitching about corporate American to their friends while talking on their iPhones) there was a food cart that gave food for free for a couple of days, then had to start charging. So were people grateful that they got free food? No, they overturned his cart and set it on fire.
Long story short (too late, I know) we need to start expecting more of people. And quit making their decisions for them.
Racer X
9:34 am on Thursday, March 14, 2013
Karsten- Bingo, you have my vote if you ever run for President.
Tammy Osier
6:34 am on Wednesday, March 13, 2013
Mr. B and R - could go on all day about hte hypocrisy of the left when it comes to killing babies and saving the colas, but got to get ready for work. But did want to add something about obamacare. My friends, who's son is in the national guard, got sick during bootcamp. he had chest pains so severe that they finally asked if he had ever had anything diagnosed by a doc and he said yes, when he was 8 - heart condition. It took them 14 days to finally do an xray, only to find out that his heart was enlarged and he had pneumonia. The kid could have died before they got arroud to doing what they were supposed to do (or that as a civilian could have gotten at the emergency room in one night). THAT, brothers and sisters, is why we yell so loudly about government healthcare.
Racer X
8:37 am on Wednesday, March 13, 2013
People- Personal responsibility. Don't buy the big Coke. Not because there may be a law against it, but because it's the smart thing to do. Get a large freakin' water for God's sake. It all starts with the person in the mirror. If you are fat, it's because you keep stuffing your pie hole. So, stop stuffing your pie hole- get it? Of course, some exercise would also help.
Chris P
9:38 am on Wednesday, March 13, 2013
The judge did the right thing. The mayor is totally wrong as this is NOT the governments job but rather it is personal responsibility. I'm sure the Mayor of NYC has more important things to attend to than this
Good Grief Y'all
9:47 am on Wednesday, March 13, 2013
The Judge was right. The Mayor had good intentions for a bad idea.
This summer everybody can once again have a Twinkie with their super sized soda.
Charlie Russell
11:56 pm on Friday, March 15, 2013
@PhyddleDD, really like your thinking Good Grief Y'all...and I seldom like much of anything.
Good Grief Y'all
7:28 am on Saturday, March 16, 2013
Ha! Thanks, Charlie!
I like the PhyddleDD - wish I had thought of it :D
Karsten Torch
10:50 am on Wednesday, March 13, 2013
Of course, we know what the road to hell is paved with....
This seems to boil down to one group's thoughts that people are incapable of properly caring for themselves. And guess what? You make it easy for them to be worthless, lazy, and stupid, all of a sudden that's exactly what you're dealing with.
I just wish the judge would have made the correct call and found their firearm laws unconstitutional, as well.
r patton
12:41 pm on Wednesday, March 13, 2013
First the size of drinks, then the amount of food, then when you can buy food, then where you can buy food.... it appears to be part of an ongoing "Nanny State" that Comrade Obama is trying to build. He is using his friends and buddies to help by making these idiotic laws and rules and then the government will step in and take over all these rules and regulations.
Good Grief Y'all
12:46 pm on Wednesday, March 13, 2013
Yeah, it's Obama's fault that the Mayor of NYC wanted to restrict the size of sodas.
Maria Navarro
1:40 pm on Wednesday, March 13, 2013
Ration card next...
Tammy Osier
7:20 pm on Wednesday, March 13, 2013
maria, it's the old frog in the kettle...little by little until it's all gone.
Racer X
7:57 pm on Wednesday, March 13, 2013
Why does the general population think it's ok to regulate what people who are buying their own food ingest but NOT ok to regulate what free loaders purchase with our funds? Pretty soon, the only way to buy Biggie drinks will be with an EBT card.
Tammy Osier
9:40 am on Saturday, March 16, 2013
You cannot regulate good eating habits. many companies are starting wellness programs now and that's where it should start. Because I've had a big change in my eating habits since educating myself on nutrition, I have no problem laughing out loud when someone asks me if I want to "supersize it". I get visions of a crisco can in my mind and say, " No, thank you". lol Thant's where it starts - otherwise, it's CONTROL with a capital C. That's where true freedom of choice comes in, We renew our minds to what it right and will make good decisions on our own - or not. If the "or not" is our choice, then we suffer the consequences of that choice. But it is our own choice and we can't blame anyon but ourselves if we make a bad decision.
Charlie Russell
12:25 pm on Saturday, March 16, 2013
Of course you're correct. When cigarettes were taxed like crazy, banned from every place imaginable, etc. I thought that was unAmerican. Since I've always despised being around cigarettes, you'd think I would be pleased, yet somehow it seemed so wrong. Of course I like the results, still not sure about the pressure put on those hooked on tobacco.
@PhyddlDD