A court in New York City issued a decision today which declares the ban on sale of certain large sugary drinks to be lacking a rational basis and improperly ordered by the Board of Health. It is a total defeat for Mayor Bloomberg's anti-obesity campaign. Without going into the details, the court rules first that the way the rule was put in place was improper, and second, that the rule itself is irrational. Specifically, the court discusses that under the rule, businesses on the same block will be treated differently when they sell essentially the same product. Also, the limitations put in place will not achieve the intended purpose of reducing obesity; after all, folks can still buy two 16 ounce drinks instead of one 32 ounce drink.
The decision seems correct to me. I am, however, sufficiently familiar with the courts in New York to know that until the appeals are over, there is no way to know if the politics of the situation will overcome reason in the case. Today, nevertheless, was a big blow to Bloomberg. Hopefully, the Appellate Division will agree as the appeal moves forward.
The decision seems correct to me. I am, however, sufficiently familiar with the courts in New York to know that until the appeals are over, there is no way to know if the politics of the situation will overcome reason in the case. Today, nevertheless, was a big blow to Bloomberg. Hopefully, the Appellate Division will agree as the appeal moves forward.
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