Bloomberg Beverage Ban Bounced By Appeals Court

And so Bloomberg's initial foray into testing the limits of America's nanny financial capital is officially over. Moments ago Reuters reported that Mayor Mike's quest to limit what New Yorkers may or may not drink is officially over after his forced plan to ban large sugary drinks from restaurants and other eateries was halted and deemed an "illegal overreach of executive power," a state appeals court ruled on Tuesday, upholding a lower court decision in March that struck down the law. Wait, if illegal overreaching of executive power is, well, illegal, there are a few other people in position of power that America's court system may want to take a close look at. Alas it won't.


The law, which would have prohibited those businesses from selling sodas and other sugary beverages larger than 16 ounces, "violated the state principle of separation of powers," the First Department of the state Supreme Court's Appellate Division said in a unanimous decision.


Mayor Michael Bloomberg had advanced the regulation as a way to combat obesity among city residents. Beverage makers and business groups, however, challenged it in court, calling it an attack on consumers' personal freedom.

Keep in mind, we said "initial foray." This is by no means the end of America's nanny statism and even though the decision was unanimous we are confident the billionaire is already lining up an army of lawyers to appeal the denial of the appeal. After all, the sheep do not produce nearly as much wool when they get far too fat.  Gotta keep em lean and mean, and preferably engrossed by Honey Boo Boo.

Full appeals court decision can be found here.


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