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NYC Soda Ban Fizzles Out!! Judge Rules Soda Ban NOT Legal

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http://online.wsj.com/article/SB10001424127887323826704578354543929974394.html

 

there is a complete article.

 

"

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.""

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I don't hold out much hope for humanity, not at least based on this situation.

 

The law still made it as far as it got.

 

The fact that a judge had to squash it really sucks. It should have never gotten that far.

 

the article from link specifies how.

 

He appointed the council.... and then brought it to them.

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That's the best news I have heard all month!

 

Thank GOD the Judge was fair, unbiased and rendered a judgement based upon the LAW. Bloomberg is both rich and power hungry. He has an ego the size of Montana. He pushed the envelope too far with this blunder. Let us hope he is smart enough to realize its time to stop being a dictator..... or move to a country that has a vacancy for one ;-)

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Nah, he'll just ask all the cops and food police to go on strike. :o

 

Do you suppose Mike stamped around his office saying "And if I don't get the things I am after, I'm going to screeeeeeeeeEEEEEEEEAM." (Obscure Veruca Salt reference)

 

 

Sent from John's iPad 2 via Tapatalk HD

Typos courtesy Apple...

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Let us hope he is smart enough to realize its time to stop being a dictator..... or move to a country that has a vacancy for one ;-)

 

I'd suggest Venezuela - I hear they're short one now.

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While I'm glad Bloomberg got slapped down, the reason for the ruling isn't really all that great of a victory. From what I understand the problem was that it didn't apply the regulation completely enough across all the possible markets, not so much that it was in territory they have no business regulating in.

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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.""

 

Lets have some fun and change a few words..

1.Bloomberg with Christie.

2. sugary drink rules with gun laws.

3. board of health with task force.

4. the city council with governor.

5.board with task force.

 

And it would sound something like this,

 

Judge Tingling also suggested that Mr. Christie overstepped his powers by bringing the gun laws before the Task Force, which is solely appointed by him, The governor he wrote, is the legislative body "and it alone has the authority to legislate as the task force seeks to do here.""

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Not sure this is a good idea if there is any chance in hell you want CC on our side. Leave demeaning NYC to NY... Imho.

 

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.""

 

Lets have some fun and change a few words..

1.Bloomberg with Christie.

2. sugary drink rules with gun laws.

3. board of health with task force.

4. the city council with governor.

5.board with task force.

 

And it would sound something like this,

 

Judge Tingling also suggested that Mr. Christie overstepped his powers by bringing the gun laws before the Task Force, which is solely appointed by him, The governor he wrote, is the legislative body "and it alone has the authority to legislate as the task force seeks to do here.""

 

 

Sent from John's iPad 2 via Tapatalk HD

Typos courtesy Apple...

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