NYC Judge Overturns Mike Bloomberg’s ‘Arbitrary And Capricious’ Soda Ban

With the ban on sugary sodas over 16 ounces just hours away from coming into effect in New York City, a judge overturned the law calling it “arbitrary and capricious.” New York Supreme Court Judge Milton Tingling ordered that NYC officials are presently “enjoined and permanently restrained from implementing or enforcing the new regulations” on city residents soda drinking preferences.

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According to the New York Times, Tingling’s decision to strike down the law stems from his opinion that it could not be enforced without significant discretion on the part of law enforcement:

In his opinion, Justice Tingling specifically cited a perceived inequity of the soda rules, which applies to only certain sugared drinks — for instance, beverages with a high milk content would be exempt — and would apply only to some food establishments, like restaurants, but not others, like convenience stores.

The new regulations on sodas over 16 ounces are “fraught with arbitrary and capricious consequences,” wrote Tingling. “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.”

h/t The Wall Street Journal

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