The city is "enjoined and permanently restrained from implementing or enforcing the new regulations," New York Supreme Court Judge Milton Tingling decided Monday.The Judge said the job of the NYC Board of Health is to protect against diseases.
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."
Those powers, he argued, don't include the authority to "limit or ban a legal item under the guise of 'controlling chronic disease.' "Immediately after Tingling’s ruling, the NYC Mayor’s Office announced that it would appeal the ban.
The board may supervise and regulate the city's food supply when it affects public health, but the City Charter clearly outlines when such steps may be taken: According to Judge Tingling, the city must face imminent danger due to disease.
"That has not been demonstrated," he wrote.
"We plan to appeal the decision as soon as possible, and we are confident the Board of Health’s decision will ultimately be upheld. This measure is part of the City’s multi-pronged effort to combat the growing obesity epidemic, which takes the lives of more than 5,000 New Yorkers every year, and we believe the Board of Health has the legal authority – and responsibility – to tackle its leading causes,” said Michael A. Cardozo of NYC Law Department Corporation Counsel in a released statement.
In a press conference, Mommy Bloomberg spoke about the reason for the pioneering ban — to help residents address the epidemic of obesity. Well- that and the progressives instinct to control every last element of your life.
Today is a day to celebrate..For lunch I will order a pizza with extra triglycerides and a 2-litre bottle of Coke.
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