Monday, March 11, 2013

Good for the judge and a strike against government tyranny (albeit a small one)

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."

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