An appeals court in New York found that Mayor Bloomberg’s soda ban was overreach and such a decision would have to come from the City Council. This is some common sense after the most ridiculous nanny effort in history. Bloomberg says he disagrees with the decision (obviously) and will appeal. However, this is the second court in a row that has come down against the ban, so that doesn’t bode well for him. However, it does bode well for the people of New York City. They have to live with high taxes, tons of regulations, and the most expensive cost of living in the country. At least now they know they can go get a Big Gulp if they want one.
The American Beverage Distributors are happy of course. According to CNN, they are vowing to “collaborating with city leaders on solutions that will have a meaningful and lasting impact on the people of New York City.” Well, okay, no one actually believes that but you’ve got to say the right thing in these sort of situations.
Further, according to the Wall Street Journal, the appeals court stated in its opinion that the Board of Health, which initiated the ban at the request of Bloomberg, did not do any of its own research and basically rubber-stamped Bloomberg’s request. The judges wrote, “The rule was drafted, written and proposed by the Office of the Mayor and submitted to the board, which enacted it without substantive changes. Under the circumstances, it cannot be said that the Board of Health’s technical competence was necessary to flesh out details of the legislative policies.”
In other words, this was really just an edict fro Nanny Bloomberg to the people of New York City. Although Bloomberg says he will pursue further, his days are numbered given the upcoming election, so this battle may have to wait for the future mayor of New York.