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Live From New York
That Tingling Feeling
New Yorkers can drink to that — for now. But Nanny Bloomberg will be back.
Less than 24 hours before New York City’s ban on the sale of soda and other sugary drinks in containers exceeding 16 ounces was to take effect, New York State Supreme Court Judge Milton Tingling approved an injunction on the ban, which was proposed last spring by New York Mayor Michael “Nanny” Bloomberg.
Judge Tingling’s ruling reflected the popular discontent with the measure. Here is some of his refreshing common sense:
The loopholes in this rule effectively defeat the stated purpose. It is arbitrary and capricious because it applies to some but not all food establishments in the city, it excludes other beverages that have significantly higher concentrations of sugar sweeteners and/or calories on specific grounds and the loopholes inherent in the rule, including but not limited to no limitations on refills, defeat and/or serve to gut the purpose of the rule.
New Yorkers can drink to that — for now.
Alas, Nanny Bloomberg remains undeterred and plans to appeal the court’s decision. Bloomberg even invoked the Lord in his messianic zeal to restrict the sale of carbonated beverages:
We have a responsibility as human beings to do something, to save each other, to save the lives of ourselves, our families, our friends, and all the rest of the people that live on God’s planet. So while other people will wring their hands about the problem of sugary drinks in New York City, we’re doing something about it.
Now I don’t recall any biblical invective against carbonated beverages in either Testament. Could it be that Bloomberg is referring to a passage in the heretofore unknown Book of Beverages? Or is it that Bloomberg just could not contain himself?
But in all seriousness, Mayor Bloomberg is right. We have to do something. We have a responsibility to save lives. We have a responsibility to the planet. If someone orders a Grey Goose from a watering hole on the Lower East Side, the proprietor thou shalt make sure no cranberry juice is mixed with the patron’s drink. No New Yorker shall walk into a deli and get a 20 ounce Coke with his corned beef sandwich, although the grocery up the street can sell him all the corned beef and Coke it wants. We have a moral duty to our children to make sure that 20 ounce cups of Pepsi can’t be sold by a hot dog vendor even though they can go to the 7-Eleven and wash down their hot dogs with a 30 ounce Big Gulp.
Denis Hamill of the New York Daily News put the matter succinctly: “Bloomberg believes in a woman’s right to choose. But not in a construction worker’s right to choose a 20-ounce Pepsi?” You could say that Bloomberg is engaging in a War Against Welders.
In reality, however, Bloomberg is engaging in a war on individual liberty. Not only is he immune to the unpopularity of his policy but thinks it will be widely accepted in the five boroughs. Bloomberg said, “I think you’re not going to see a lot of push back here.” The three-term mayor is woefully out of touch with his constituents, who can barely bottle up their anger against him.
On a personal note, I have not consumed a carbonated beverage in more than eight months following a kidney stone attack. In fact, I have vowed to never consume soda (or for that matter iced tea) ever again. I have lost 30 pounds and do not want to gain it back much less experience the excruciating pain of a kidney stone. This is a choice I have freely made for myself. But my choices aren’t necessarily the choices other people would make under the same set of circumstances. People must be free to make their own decisions even if those decisions could end up harming their health. For better or for worse, people must have the inalienable right to make a mistake.
This country has survived two World Wars, a Depression, and a major terrorist attack. There was a time not so long ago when soda was the least of our problems.
For now New Yorkers (and those who believe in individual liberty everywhere) should raise a 20 ounce glass to Judge Tingling.
About the Author
Aaron Goldstein writes from Boston, Massachusetts.
Letter to the Editor View all comments (39) | Leave a comment
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Glen H| 3.12.13 @ 7:46AM
Aaron, if you've lost 30 pounds, can we get a new profile picture of you?
Louis Jenkins| 3.12.13 @ 10:11AM
Yes, you've lost thirty punds? How? I cut out sodas several years ago and have hardly lost an ounce. Doing more cardio and going to the gym, and have barely lost 7 pounds. I eat vegetarian, only once in a blue moon do I back slide and eat a small portion of meat. I guess I'd be a model citizen in Bloomburg's world although I despise the man.
SUBVET| 3.12.13 @ 10:34AM
Louis.............want to loose some pounds BBQ every night......nothing like a good NY 2" thick.
loulou| 3.12.13 @ 11:25AM
Sodas cause kidney stones? I did not know that.
TLP| 3.12.13 @ 1:29PM
Aaron says that Bloomberg is out of touch with his Constituents.
Ya think?
He's a Billionaire, who's Kid is a Star Equestrian.
My kids are in Little League, and my Brother's Kids are in Bowling Leagues.
Again: Ya think?
Occam's Tool| 3.13.13 @ 5:01PM
Dear Loulou (and you are a dear):
I'm not so sure about seven up and non-caffeinated sodas. But caffeine is a diuretic, and the dehydrating effects can lead, in some cases, to an increased risk of kidney stones.
Louis: the major concern for men with regards to weight and health is to be found in abdominal girth. If you have weight in your legs and buttocks, don't worry much.
Bllomberg salts his food to the point that it burns ordinary folks. He is a hypocrite like George Soros.
George, age 82, is countersuing his old girlfriend, age 29, for defamation of character. How, exactly, do you defame that Nazi loving, Jihadist adoring scumbag?
Bill Hussein O'Stalin| 3.12.13 @ 7:47AM
“The great strength of the totalitarian state is that it forces those who fear it to imitate it.”
― Adolf Hitler
Alan| 3.12.13 @ 8:18AM
Who in their right mind would live in that city let alone that state.
Russel| 3.12.13 @ 1:05PM
Here in the Rockies , we say MOST of the states east of the Missippi . We sure wouldn't miss the Atlantic seaboard if it snapped off and floated away . Our biggest worry is that those creeps and weirdo's are moving here . And I mean weird .
Occam's Tool| 3.13.13 @ 5:02PM
Russel: Alabama is a lovely place to live. Great people there.
University of Mississippi may have just cured neonatal AIDS.
TLP| 3.12.13 @ 1:36PM
Actually, NYC is the perfect example of The Progressive Utopia.
You've got the Uber Rich, and the Uber Poor, and No Middle Class.
Dictatorship 101: The rich are easily Controlled, because they have Everything, and will do Anything to hold onto to it.
The Poor are easily Controlled, because they have Nothing, and will do Anything to get Something.
In the Progressive, Communist, Marxist, Socialist Paradise?
The Middle Class doesn't exist.
Joellen| 3.12.13 @ 8:20AM
Bloomberg a man of deceit, if you doubt, ask yourself why he NEEDED to run once upon a time as a Dem, then as a Rep and now he calls himself Independent.
The rest of us call him (place your own suitable word/s here).
TLP| 3.12.13 @ 1:37PM
Big Contest this weekend, on Kaminsky's Blog, on the right side of the Home Page.
I need ya, Joellen.
Kwan| 3.12.13 @ 8:29AM
Another Big Brother wannabe Bloomberg continues to make a fool of himself. This guy it would seem would be more appropriately employed as the Queen-bee of the Borg collective, where one mind his could control the thoughts of all residents of the hive.
TLP| 3.12.13 @ 1:38PM
Big Contest this weekend, on Kaminsky's Blog, on the right side of the Home Page.
We need you, Mr. Kwan.
Bob K| 3.12.13 @ 8:32AM
Only a wanna be east coast liberal aspiring for a position with the ruling class, like Aaron here, would be upset by what Bloomberg is doing to NYC. The days of Frank Sinatra's "New York, New York" are gone! Those who could "make it there" have made it elsewhere!
The rest of the country doesn't give a crap! It's just another excuse not to visit the dump! No cigars, no drinkin,' no eatin!' No comfortable cabs! No fun no more!
John Navratil| 3.12.13 @ 8:42AM
As Bob Dole might ask, "Where is the outrage?" Is this not the broccoli Scalia warned about?
TLP| 3.12.13 @ 1:39PM
Big Contest this weekend, on Kaminsky's Blog, on the right side of the Home Page.
We need you Navritil.
Anthony| 3.12.13 @ 8:47AM
Time for New Yorkers to send their midget mayor packing. This little facist can't get enough of controling other people's lives.
The once greatest and most sophticated city in the world, and its mayor thinks he is the mayor of Romper Room.
Can't wait to see where the billionaire midget ends up after his final term as mayor is thankfully over.
A facist with loads of money is a dangerous person.
loulou| 3.12.13 @ 11:26AM
But "people are dying!" sez the mayor.
Anthony| 3.12.13 @ 2:10PM
Indeed, people are dying for this A hole to disappear.
TXLeeVee| 3.12.13 @ 6:48PM
Shouldn't big sugary drinks be their answer to population control?
Free Supersize drinks for all who want them!!
Occam's Tool| 3.13.13 @ 2:18AM
Anthony: more and more you become brilliant.
Seapuss| 3.12.13 @ 8:51AM
The suppression of liberty is the inevitable result of liberalism's pursuit of equality--in this case, making everyone equally "healthy", whether they want to be or not.
No one should be surprised about the soda ban. This was the logical next step after the smoking ban. Bloomberg's NYC smoking ban was the first in the nation outside of California.
RAM| 3.12.13 @ 10:36AM
If the waterways around NYC had been filled with sugary soda, His Excellency would have built impregnable sea walls against the chance that a big storm would drown the city in fizz. But it was only water, so he and his army of bureaucrats left the shoreline defenseless against the likes of Sandy. For a really rich guy, he strangely has no sense of where the city's priorities lie.
Northern Rebel| 3.12.13 @ 11:16AM
Alan! :o( I am one of those nuts that live in NY! I live in Madison County, arguably the most conservative one in the state, but I wonder myself, why am I not in Texas!
Family obligations keep me here for now.
Maxwell| 3.12.13 @ 1:37PM
North, I am behind enemy lines here in Jersey but if Texas was warmer I'd be there too. I could have all the 'toys' & suppressors I could ever want. Christie could keep stuffing his fat back side waiting for his heart attack to happen by Bloomberg's standards.
TLP| 3.12.13 @ 1:44PM
If Texas was warmer?
Do you have a MAP, Maxwell?
Occam's Tool| 3.13.13 @ 5:03PM
Maxwell: can you say HOUSTON?
Crassus| 3.12.13 @ 11:31AM
Bloomberg is the only politician in America worse than Obama. Thank God he hasn't aspired to any office higher than Mayor of New York (at least for now).
JD| 3.12.13 @ 12:01PM
Don't get too excited. The judge didn't say that there was anything wrong with a soda ban on principle; only that it was inconsistently implemented.
Dave Williams| 3.12.13 @ 1:07PM
So EFFF YOU, nanny-state nazi Bloomie, and EFFF YOU to ALL the jackbooted libtards who want to deprive REAL Americans of freedom!!!!
cicero| 3.12.13 @ 2:22PM
Wasn't it just last week that some idiotic rapper told us all that Barrack was our father and Michelle was our mother, and they had to tell us how to live? That is the conceit of the left. They believe that they know better than us poor groundlings how we should live our lives. After all, as Bloomy told us, if we keep living like we want to, we are going to die. I have news for him - we are all going to die. It is only a matter or how and when. These folks think that the laws of nature can be dictated by them. (see the article on St. Hugo)
If this country ever grows up and decides to take responsibility for itself, the progressive movement will fade into the shadows of history. But don't bet on it happening anytime soon.
Joe D.| 3.12.13 @ 4:50PM
The race is on. Who will be able to take away more of New York City citizens rights first, Caumo, Bloomberg or obama.
Petronius| 3.12.13 @ 6:56PM
SNL should do a scene mimicking prohibition era speakeasies with illicit Big Gulps and back street Pepsi pushers. Drivers in Manhattan getting pulled over and busted for having an open 2 liter would be another. But the big winner would be an auction at Bonhams featuring the the $1million reserve price for the last 16 oz. bottle of Jolt and a gallery full of billionaire bidders. That reminds me of the bit they did long ago with the panhandling Winosnobs. Joke 'em if they can't take a ....
7-08| 3.12.13 @ 8:34PM
"You shall not lie with a gallon as one lies with a quart; it is an abomination."
I GOT HUNG UP SILLY| 3.12.13 @ 10:23PM
When caring Americans like NYC Mayor Michael Bloomberg are being advised by their highly paid political hacks,you might think they could pin the tail on the jackass properly and get proper respect for their Billionaire Boss instead of making him appear to be nothing more than a soda jerk ..
Gaining instant across the board political and non~political support in and out of America by wanting to protect NYC school kids from USA elite owned & operated www hardcore adult porn being supplied school kids on their computer~phones is Presidential Agenda material , not just Big City Mayoral> fodder..
Occam's Tool| 3.13.13 @ 2:17AM
This is also the clown that would limit your ability to get pills for kidney stone pain in New York ERs, Aaron.
The man is a blithering idiot outside of his area of expertise: finance. Someone should hall him up in front of the NY Medical Board for practicing medicine without a license.
Occam's Tool| 3.13.13 @ 2:18AM
Sorry: "haul him up." Beddy -bye.