New York Supreme Court Judge Milton Tingling has blocked the NYC Mayor Michael Bloomberg’s soda ban, which would disallow all sugary drinks larger than 16 ounces, from taking effect tomorrow.
“[New Yorkers are] enjoined and permanently restrained from implementing or enforcing the new regulations,” he said Monday.
Judge Tingling added, “The simple reading of the rule leads to the earlier acknowledged uneven enforcement even within a particular city block, much less the city as a whole.”
He cited “loopholes” as a major problem with the law, such as allowing customers to consume more than 16 ounces of a cup of a calorie-laden beverage by buying as many bottles or cups as they please. Furthermore, stores such as the 7-Eleven and grocery stores were excluded from the legislation because only the state can regulate those businesses.
Just yesterday, Bloomberg claimed that he’s “not banning anything” with the legislation. Rather, he’s just forcing “portion control” onto the city.
Upon making his ruling today Judge Tingling cautioned the billionaire turned mayor not overstep his bounds. Tingling noted that NYC’s City Council “alone has the authority to legislate as the Board [of Health] seeks to do here.”
The NYC Board of Health approved Mayor Bloomberg’s proposition last year and stated that violators of the law would be fined $200 per violation beginning in June. Of note is the fact that Bloomberg appointed every person on that board.
Even if the law were to go into effect, Nanny Bloomberg realistically wouldn’t be stopping anyone from drinking sugary drinks, ultimately making the law pointless.
UPDATE: In a press conference held on Monday night, Bloomberg announced that he would appeal the judge’s decision.
“We believe it is reasonable and responsible to draw a line, and that is what the Board of Health has done,” he said. “As a matter of fact, it would be irresponsible not to try to do everything we can to save lives.”
Bloomberg added that whenever anyone tries to create “groundbreaking” new legislation, someone will sue.
“That’s America,” he said.