NY Law Overturned - held Arbitrary and Capricious

[nogods]

Unfortunately it wasn't the SAFE Act -but there is hope that the first judge who gets to review the SAFE act might come to a similar conclusion:

<NYT_HEADLINE type=" " version="1.0">Judge Blocks New York City’s Ban on Big Sugary Drinks</NYT_HEADLINE>

The decision by Justice Milton A. Tingling Jr. of State Supreme Court in Manhattan blocks the city from putting the rules into effect or enforcing them.

Justice Tingling said the rule banning the drinks was “arbitrary and capricious.”

The judge also appeared to be skeptical of the purview of the city’s Board of Health, which the Bloomberg administration had maintained has broad powers to seek to better the public’s health. That interpretation, the judge wrote, “would leave its authority to define, create, mandate and enforce limited only by its own imagination,” and “create an administrative Leviathan.”

So all those toothless obese people who were boycotting New York City can visit again.

 

[tattedupboy]

In my opinion that law, even more so than the draconian gun laws, epitomizes the thinking of nanny state New Yorkers.

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[nogods]

Well, the big gulp law was just New York City.

I live near Buffalo, New York. It takes me 6 hours to drive to NY City. People who live in Richmond, VA live closer to NY City than I do.

 

[HoJo]

Well, it's a start.

 

[tricolordad]

Can't you buy a 2 liter with your pizza at dominoes? How come they didn't ban that? I drink it from the bottle. Burrp!

 

[tattedupboy]

Bloomberg was on TV saying how many people would die of obesity if this law wasn't allowed to stand. Everyone dies eventually, and if obesity doesn't kill them, then old age or something else will. Will he try to ban those other things too?

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[BC1]

In my opinion that law, even more so than the draconian gun laws, epitomizes the thinking of nanny state New Yorkers.

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It wasn't a NY STATE thing, it was a NY CITY thing.
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Arbitrary or capricious is a key element in the court's decision to uphold any decision. For example, when someone is denied a CCW in NYS they can file an Article 78 proceeding (as in Article 78 of the Civil Practice Law and Rules). This appeal gives the denied applicant a chance to sue the court that delivered the adverse ruling. in order to prevail in the action the denied candidate must show why the judge's decision was improper. These reasons are few. They include the judge not having authority, the judge did not provide a reason for the denial or that his ruling was "arbitrary and capricious."
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This ruling finds that Bloomy's reason for depriving people of choice is not based in anything other than his own opinion and therrefor is arbitrary and capricious. I love it. Consider goind to Yankee Stadium and being limited to a 16 ounce soda. You'll finish it by the time you get back to your seat. The man is a joke.
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BTW Mr. Bloomy... I'll have a hotdog and TWO 12 ounce sodas. He wasted taxpayer money on this nonsense?
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I'll bet a nickel he appeals the ruling to a fed court. Any takers?