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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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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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nluvwlif0344 June 26 2014 at 3:22 PM

Thank goodness we have state and federal supreme courts with intelligent people making decisions for this country. Bloomberg is dangerous, rich, and completely out of touch and out of control. He needs to be stopped. I hope someone is taking him to task on his gun agenda, too. He is out to destroy our rights under the Second Amendment. Dangerous...clearly dangerous!

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1 reply
welcome eric nluvwlif0344 June 26 2014 at 4:01 PM

The idea that a pro-gun control zealot/loon like Michael Bloomberg actually supports the 2nd amendment rights of law abiding citizens is hysterically laughable! His organization mayors against illegal guns(MAIG) should be changed to mayors against legal gun ownership(MALGO). Bloomy sez" "Guns for me, not for thee!".

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Go Lady Eagles June 26 2014 at 3:39 PM

Bloomberg was another idiot Democrats overstepping is office. Like Michelle Obama changing public school meals that now kids won't buy now.

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