Judge Halts Bloomberg's Sugar Drink Ban, Calls It Illegal, Arbitrary And Capricious

Tyler Durden's picture


Just hitting the tape ahead of tomorrow's scheduled hit of Bloomberg's ban on "large sugary drinks":

  • Judge invalidates New York City's ban on large sugary drinks; ban had been scheduled to take effect tomorrow.
  • Judge says sugar drink limit "illegal"
  • Judge finds ban to be arbitrary and capricious.

Has the time come to ban independently thinking judicial authorities who don't agree with multi-term Spanish-speaking authoritarians?

From the WSJ:

A state judge on Monday stopped Mayor Michael Bloomberg's administration from banning New York City restaurants and other venues from selling large sugary drinks, a major defeat for the mayor who has made public a health initiatives a cornerstone of his tenure at city Hall.


The city is "enjoined and permanently restrained from implementing or enforcing the new regulations," New York Supreme Court Judge Milton Tingling decided Monday.


The regulations are "fraught with arbitrary and capricious consequences," the judge wrote. "The simple reading of the rule leads to the earlier acknowledged uneven enforcement even within a particular city block, much less the city as a whole….the loopholes in this rule effectively defeat the state purpose of the rule."

We pray Judge Tingling didn't miss a comma or two in his New York State bar exam or else Holder will have a drone on permament patrol above his home.

His name was Milton Tingling

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Mon, 03/11/2013 - 15:18 | 3320108 ParkAveFlasher
ParkAveFlasher's picture

This is totally important!

Mon, 03/11/2013 - 15:19 | 3320109 francis_sawyer
francis_sawyer's picture

Drone that motherfucker!

Mon, 03/11/2013 - 15:20 | 3320111 idea_hamster
idea_hamster's picture

Goddamn activist bench!

Mon, 03/11/2013 - 15:21 | 3320120 knotjammin2
knotjammin2's picture

If I could like this comment 50 times I would.  Made my day!!!

Mon, 03/11/2013 - 15:24 | 3320140 Pladizow
Pladizow's picture

Where you stand depends upon where you sit and of course whose lined your pockets!

Mon, 03/11/2013 - 15:26 | 3320147 Manthong
Manthong's picture

What’s the big deal?

Bloomberg’s dictates are only offensive and illegal if you take the Constitution seriously.

Mon, 03/11/2013 - 15:28 | 3320160 ParkAveFlasher
ParkAveFlasher's picture

Make no mistake.  As a NYC "outerborough" resident my "Bloomberg Offense Detector" melted down sometime in spring 2003.  The nerves went numb and really all I get is a dull whine. 

But, welcome to the party, pal.

Mon, 03/11/2013 - 15:37 | 3320186 The Juggernaut
The Juggernaut's picture

Fuck Bloomberg.  Call the Judge and tell him thanks! http://www.nycourtsystem.com/applications/judicialdirectory/Bio.php?ID=7...

Mon, 03/11/2013 - 15:42 | 3320205 hedgeless_horseman
hedgeless_horseman's picture



The regulations are "fraught with arbitrary and capricious consequences," the judge wrote.

Damn, that sounds bad.  Right?  Thank you, brother!

Mon, 03/11/2013 - 15:44 | 3320219 greased up deaf guy
greased up deaf guy's picture

"illegal, arbitrary and capricious..."

sounds like a jackie chiles routine...


Mon, 03/11/2013 - 15:47 | 3320232 flacon
flacon's picture

If I was mayor of NYC I'd ban all short people with the last name of Bloomberg. 

Mon, 03/11/2013 - 16:26 | 3320436 ZerOhead
ZerOhead's picture

The city is "enjoined and permanently restrained from implementing or enforcing the new regulations," New York Supreme Court Judge Milton Tingling decided Monday while slurping up the last noisy dregs of a 7/11 Big Gulp...

Mon, 03/11/2013 - 18:10 | 3320635 smlbizman
smlbizman's picture

i can see that little muthafucker now...getting his step stool out and climbing up in the big peoples chair with the phone books on it and typing out a piece of his mind....i hope he breaks his fucking legs getting down.....


looks like napolian bloomberg could reach the down arrow..or is it his mother....

Tue, 03/12/2013 - 04:20 | 3321692 Boris Alatovkrap
Boris Alatovkrap's picture

Napoleon reference is always make Russian laugh. Boris is laugh so hard is make 32 ounce of Cherry Coke expel through nasal cavity!

Tue, 03/12/2013 - 05:10 | 3321723 GetZeeGold
GetZeeGold's picture





King Bloomberg gets his ass kicked.....have a big gulp on me Amigo.


I hear they're looking for a new Pope.

Might want to consider applying for that position.

Tue, 03/12/2013 - 17:20 | 3323876 TruthInSunshine
TruthInSunshine's picture

The judge looks like the dude from The Green Mile.

Wed, 03/13/2013 - 00:56 | 3325044 Boris Alatovkrap
Boris Alatovkrap's picture

Judges, all is look same.

Mon, 03/11/2013 - 15:47 | 3320233 camaro68ss
camaro68ss's picture

dont mess with the bro's grape soda.

Mon, 03/11/2013 - 22:03 | 3321396 BeaverFever
BeaverFever's picture

Hmmm I hope he's not diabetic

Mon, 03/11/2013 - 15:49 | 3320238 TerminalDebt
TerminalDebt's picture

Looks like he had a few too many sugary drinks himself

Mon, 03/11/2013 - 16:01 | 3320299 XitSam
XitSam's picture

That's what Freedom looks like ... free people making their own choices.

Mon, 03/11/2013 - 16:03 | 3320311 ParkAveFlasher
ParkAveFlasher's picture

That's what freedom looks like.

I'd go a step further and say that's what priming demand for healthcare in order to dilute per person costs looks like.  If everyone in the world has diabetes, then health.gov gets a volume discount for insulin!  And that's all that counts, right!

It's not just a banana republic, it's a hyperbanana republic!

Mon, 03/11/2013 - 16:28 | 3320456 Joe Davola
Joe Davola's picture

After drinking all that sugary soda, none of those hyper banana's could be found hanging around in their hammocks.

Mon, 03/11/2013 - 17:57 | 3320782 Pool Shark
Pool Shark's picture








Tue, 03/12/2013 - 02:08 | 3321623 All Risk No Reward
All Risk No Reward's picture

It is probably high fructose corn syrup which is genetically modified (to be a pesticide or to make herbicide saturation possible) and high in mercury content.


PS - If you support cane sugar (non GMO) drinks and remove support form GMO pesticide/herbicide "food," you will get better quality food that won't drive as much chronic disease.

That's bad for Big Agra and Big Pharma.

Mon, 03/11/2013 - 23:33 | 3321508 jerry_theking_lawler
jerry_theking_lawler's picture

soda drinkers and judges that side with soda drinkers are all 'Enemy Combatants'......release the drones.

Mon, 03/11/2013 - 16:00 | 3320295 Key-Rick
Key-Rick's picture

It's outrageous, egregious............preposterous!

Maestro tell you to ban the sodas?

Mon, 03/11/2013 - 15:53 | 3320257 McMolotov
McMolotov's picture

The regulations are "fraught with arbitrary and capricious consequences..."


"The United States is a nation of laws, badly written and randomly enforced."

—Frank Zappa

Mon, 03/11/2013 - 19:37 | 3321050 Marge N Call
Marge N Call's picture

Tried to, seems like the nycourtsystem.com site is temporarily unavailable. Jeez, I wonder how much they spend on their "web presence" and it can't handle a few thousand concurrent connections....

Mon, 03/11/2013 - 16:21 | 3320402 20834A
20834A's picture

He'll just task his "5th largest army in the world" with stop-n-dump. I fucking hate him.

Mon, 03/11/2013 - 15:27 | 3320152 Stoploss
Stoploss's picture

"Has the time come to ban independently thinking judicial authorities who don't agree with multi-term Spanish-speaking authoritarians?"


Why, yes, yes it has..

Mon, 03/11/2013 - 15:31 | 3320173 Stoploss
Stoploss's picture

Almost forgot.

Judge, please avoid all hot tubs and any body of standing water more than one inch deep, (you know the drill).


Thank you, and good luck.

Mon, 03/11/2013 - 15:22 | 3320122 Say What Again
Say What Again's picture


I love it when they use those big words.

Half of the US population won't know what that means.

Mon, 03/11/2013 - 15:25 | 3320141 A Nanny Moose
A Nanny Moose's picture

It's the sugary kids drink that comes in silver bags, right?

Mon, 03/11/2013 - 15:39 | 3320203 akak
akak's picture

I think it is a sign of the Zodiac, or has something to do with goats.  Both should be illegal anyway --- for the children!

Mon, 03/11/2013 - 15:54 | 3320259 A Nanny Moose
A Nanny Moose's picture

Yeah, but I can't put that on my EBT card.

Mon, 03/11/2013 - 15:59 | 3320285 Intoxicologist
Intoxicologist's picture

Yep, it is.  It comes right behind Aquarium and Feces.

Mon, 03/11/2013 - 17:06 | 3320606 August
August's picture

Thank you for the goat reference. 

It's good to see that ZH denizens are mindful of our classical heritage.

Mon, 03/11/2013 - 16:10 | 3320351 FubarNation
FubarNation's picture

You know he might have meant Capri Sun but was loaded when he wrote it.

Mon, 03/11/2013 - 19:35 | 3321043 QQQBall
QQQBall's picture

I know


Jennifer Capricious - ex-tennis player

Mon, 03/11/2013 - 15:29 | 3320124 ParkAveFlasher
ParkAveFlasher's picture

8+ years after Bloomberg bought and sold NYC and pissed on every binding document from parking tickets to the City Charter to the Constitution, people are suddenly wise and angry. 

That boat sailed.  Plenty of other things to be mad about.

Hey look, big gulp ban! [swipes your wallet]

Mon, 03/11/2013 - 16:34 | 3320488 NotApplicable
NotApplicable's picture

I guess you could call this "the soda straw that broke the camel's back."

Mon, 03/11/2013 - 15:20 | 3320115 Say What Again
Say What Again's picture

May I please have a 32 oz coke and large bottle of Makers Mark?

Mon, 03/11/2013 - 15:51 | 3320251 Jonas Parker
Jonas Parker's picture

... and a straw...

Mon, 03/11/2013 - 16:19 | 3320396 Say What Again
Say What Again's picture

... and a large bag of chips

Mon, 03/11/2013 - 17:11 | 3320615 pods
pods's picture

Maybe this will set the stage for a 4-loko comeback?


Mon, 03/11/2013 - 18:40 | 3320895 ATM
ATM's picture

and hold the coke.

Mon, 03/11/2013 - 15:23 | 3320135 zerozulu
zerozulu's picture

Victory for Freedom.


Fuck you Al-caida

We know how to defend our freedom.

Mon, 03/11/2013 - 15:27 | 3320148 ParkAveFlasher
ParkAveFlasher's picture


Mon, 03/11/2013 - 15:56 | 3320267 Groundhog Day
Groundhog Day's picture

The return of the green mile?

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