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Court won't reinstate New York City's big-soda ban

By DAVID KLEPPER

ALBANY, N.Y. (AP) -- Guzzlers prevailed Thursday as New York's highest court refused to reinstate New York City's ban on the sale of big sodas, ruling that the city's health department overstepped its bounds when approved the 16-ounce cap on sugary beverages.

The court largely ignored the merits of the ban in the 20-page ruling but determined the city's Board of Health engaged in policy-making, and not simply health regulations, when it imposed the restrictions on restaurants, delis, movie theaters, stadiums and street cart vendors.

"The Board of Health engaged in law-making beyond its regulatory authority," the opinion reads. "... It is clear that the Board of Health wrote the Portion Cap Rule without benefit of legislative guidance."

The city had hoped Thursday's ruling would overturn a lower court's decision that blocked the restrictions after restaurants, theater owners, beverage companies and small stores sued.

In oral arguments earlier this month, attorneys for the city argued that sugary drinks are the largest source of added sugar in the American diet. They argued the restrictions were based on science, and weren't a true ban, only a limit on cup size.

Several judges on the Court of Appeals questioned where the board would draw the line.

Judge Eugene Piggott Jr. asked whether triple-decker burgers would be next. Judge Victoria Graffeo questioned the limit in light of exclusions like mixed coffee drinks loaded with more than 800 calories.

According to the American Beverage Association, New York City is the only jurisdiction attempting such a restriction, though several others around the country have tried and failed to impose special taxes on sugary drinks.

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cary June 26 2014 at 12:31 PM

The nanny state was thwarted. Today, King Obama was thwarted from deciding the Congress was in recess when they said they were not, and the benchmark nanny state (NY) was thwarted in deciding what size soda new yorkers could buy. The republic may yet survive Democrat rule.

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4 replies
gizmo4257 June 26 2014 at 1:04 PM

Another power hungry democrat trying to force their will on the American people.....Does this man look fit to you? Michelle Obama is another idiot that looks like she doesn't practice what she preaches...just a bunch of bullies

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2 replies
welcome eric gizmo4257 June 26 2014 at 1:10 PM

No one speaks out of both sides of their mouth better than the progressive liberal.

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2 replies
Randy welcome eric June 26 2014 at 1:14 PM

There is nothing "progressive" about any liberal.... the term "progressive" is just the left's latest attempt to try to disguise their dementia.

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welcome eric welcome eric June 26 2014 at 2:29 PM

@Randy. Well one could say that the liberals are on a quest to "progressively" eliminate individual freedoms, transfer all power to the state, and disarm everyone.

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myroguisheyes gizmo4257 June 26 2014 at 1:54 PM

Bloomberg, who instated the ban when he was Mayor, was a Republican disguised as an Independent. He swtiched affiliation to win office, but kept his ideals intact.This was a New York City ban. It had NOTHING to do with Obama.

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coopdabomb June 26 2014 at 12:47 PM

Not a good day for the lib dems....

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5 replies
lllaro June 26 2014 at 12:32 PM

STUPIDEST THING I EVER HEARD...WHATS TO STOP SOMEONE FROM ORDERING TWO 16 OUNCE DRINKS...I UNDERSTAND THAT ITS SUPPOSED TO BE A HEALTH THING, BUT WHEN SHOULD THE GOVERNMENT DICTATE HOW MUCH WE DRINK OF SOFT DRINK, OR FOR THAT MATTER EVEN ALCOHOL...

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2 replies
CAMERON lllaro June 26 2014 at 1:41 PM

So true I gree

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CAMERON lllaro June 26 2014 at 1:41 PM

So true I gree

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notapclib June 26 2014 at 12:47 PM

What? Judges in the bluest of blue states can't find a loophole to permit the far left nanny state dictate consumption of a private sector product? Wow... ol' nanny Bloomberg really overstepped if the far left can't find any way to justify his dementia.

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1 reply
corvettelover199 notapclib June 26 2014 at 10:01 PM

yeah...im shocked they didnt by pass laws to allow it.

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stuart100s June 26 2014 at 1:51 PM

Awe, come on. Obie and his fellow libs know what's best for you. If you just send your entire paycheck to them, they will decide what is best for you.

They have done a wonderful job with crime, the middle east, russia, and oil prices. What could be better than a nanny taking care of you from cradle to grave?

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1 reply
myroguisheyes stuart100s June 26 2014 at 2:11 PM

Did you even check your history on this topic before opening your mouth? This has NOTHING to do with OBAMA. Check NY politics. Mike Bloomberg, former dictator, erm, Mayor, pushed to get this instated.

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1 reply
Ron myroguisheyes June 26 2014 at 3:25 PM

Moochele has been telling us what to eat from the beginning! School lunch trash cans are full of apples and stuff kids don't want! Obama is sickening too while he eats hot dogs and fries and burgers and CRAP while his wife tells us what to eat!

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NETTIE June 26 2014 at 2:25 PM

I think it's about time people should stop trying to rule everyone else's life and get one of their own. If a person want's to drink soda, knowing it's not the greatest thing for them, so be it. That's their decision! Where do these jerks have the nerve to butt in.

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billcdaly June 26 2014 at 7:43 PM

Liberal politics - Long Live Big Brother.
Ironic that liberals don't want you to have the freedom of choice when it comes to food and beverages.

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1 reply
corvettelover199 billcdaly June 26 2014 at 10:03 PM

or healthcare

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mhammer491 June 26 2014 at 5:58 PM

As more of these lawsuits work their way through the courts, the unprecedented overreach by government in New York, California, and especially in Obama's world, will be overturned.

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wayne8734 June 26 2014 at 10:44 PM

I guess the main requirement for being a politician is you have to be an idiot!!! This had to be one of the dumbest laws of all times.

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