I was very pleased that Manhattan Supreme Court Judge Milton Tingling tossed out the soda ban passed by the New York City Health Department. It is about time someone put the brakes on out of control government.
Tingling wrote in his opinion that the rules are "arbitrary and capricious," applying to only certain beverages and only certain stores. "The loopholes in this rule effectively defeat the stated purpose of this rule," he wrote, complaining of "uneven enforcement even within a particular City block, much less the City as a whole."
Basically, using constitutional language, the Judge found that there was no rational basis for this legislation. He also ruled that such legislation should be considered by the City Council and not a Board made up of people handpicked by Mayor Bloomberg.
Bloomberg has of course announced that the City will appeal claiming the decision was "clearly an error". Since Mr. Bloomberg is not an attorney, he has little basis for his comment. Truth be told, he is used to getting his way and is angry that the Constitution got in his way. When you are worth $27 billion dollars, you usually get your own way.
Regardless, I am thrilled that overly intrusive government was dealt a set back. I hope the Appellate Division affirms the decision. One way or the other, the ruling of Judge Tingling is a victory for freedom and a strong stand against dictatorial government seeking to trample the Constitution.
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