Score one small victory for freedom over the forces of overweening nanny statism. A judge in New York has struck down Mayor Michael Bloomberg’s ban on large-capacity sugary drinks. The meddlesome mayor got the ban through the city’s Board of Health as a measure to combat obesity.
The ban on sales of sugary drinks of more than 16 ounces in New York City was to begin Tuesday.
But New York Supreme Court Judge Milton Tingling struck down the ban, calling it “arbitrary and capricious.”
Tingling noted that the large drinks could not be sold by convenience stores, movie theaters and restaurants, which are regulated by the Board of Health. But grocery stores and large chain stores are not regulated by the health department and would be unaffected by the ban.
Tingling said the debate over sugary drinks belongs in the Legislature, not the health department.
Bloomberg vowed an appeal.
It’s great to see someone finally slap a leash on Bloomberg, who believes he knows what’s good for you better than you do — and for too long has been able give his private fantasies the force of law.
The Eagle-Tribune, North Andover, Mass.