Ah, the best-laid plans of mice and “independents”! New York’s Mayor Michael Bloomberg was all set to savor his latest victory when a State Supreme Court judge stepped in on Monday and said, “No dice.” The Wall Street Journal reports:
The city is ‘enjoined and permanently restrained from implementing or enforcing the new regulations,’ wrote New York Supreme Court Judge Milton Tingling, blocking the rules one day before they would have taken effect….
At issue was a preposterous prohibition on ordering soft drinks larger than 16 ounces. Bloomberg himself acknowledged the folly of such a law, noting on more than once occasion that there was nothing in the ordinance preventing a consumer from buying more than one beverage with a combined volume of more than 16 ounces.
In issuing the injunction, which can be read here, Tingling said that the drink regulations are "fraught with arbitrary and capricious consequences." He concluded moreover that the Bloomberg-appointed Board of Health had overstepped its authority to "limit or ban a legal item under the guise of 'controlling chronic disease'," adding that the proper forum for the drink restrictions would be the city council, which "alone has the authority to legislate as the board seeks to do here." The judge added that Bloomberg's meddling in people's drink orders raises the problem of untrammeled regulatory power "to new heights."
Deli and pizzeria owners had complained that the law would result in a price hike for consumers, but Bloomie turned a deaf ear on them.
The city has vowed to appeal the judge’s decision, though smart money says the case dies here.
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