LAW
"Government exists to protect us from each other. Where government has gone beyond its limits is in deciding to protect us from ourselves." -Ronald Reagan
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![]() Above are the invalidated court papers that Judge Tingling (left) throw down just one day before the ban was suppose to take effect. 37 pages of details that without it would have cause a huge fiasco in the city of New York.
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BreakdownNew York Supreme Court Judge Milton Tingling out of nowhere put a stop to the soda ban the day before it was suppose to take effect. Tingling called the law "arbitrary," because of loopholes in the regulations, such as exemptions for milk-based beverages sold at restaurants and sugary drinks sold at grocery and convenience stores.” quote from Jaslow's article CNN.
Not a surprise there for the ban being struck down. Many major Associations like the American Beverage, National Theater Owners of New York, and New York Korean-American Grocers try stopping it. Judge Tingling did not just freeze the ban, he invalidated it. Relaxing words for major companies and locations that would have been affected with a nice $200 fine for each violation. Reasons for Tingling's decision was according to him he "agreed with the challengers on two major points that the ban had too many loopholes, exemptions, and classifications and that the mayor's administration violated separation of powers doctrine." I set to find out what the doctrine meant and found that in the New York Law Journal the Health Code 81.53 was set in and over run without the city's approval. In other words they jump the gun. The Law Journal also stated that "Tingling agreed, stating that the City Charter does not grant the city’s health department the “sweeping and unbridled authority to define, create, authorize, mandate and enforce” health codes governing food establishments and food preparation." Below to the left is the digital copy of the Health Code 81.53
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Opposing the Ban
Fun facts that I found through my readings is that in Mississippi, the governor ruled the "Anti-Bloomberg" bill fighting back stating "The responsibility for one's personal health depends on individual choices about a proper diet and appropriate exercise." not the government. Gov. Phil Bryant signed a law preventing counties, districts and towns from enacting rules that limit portion sizes (CNN).
I find it amusing due to the fact Mississippi has the nation's highest rate of obesity, more than 1/3 of the adult population is not just overweight but obese according to the CDC and Prevention.
I find it amusing due to the fact Mississippi has the nation's highest rate of obesity, more than 1/3 of the adult population is not just overweight but obese according to the CDC and Prevention.
[DISCLAIMER: Parts of this website are fictional and were created for a class. Please email my instructor with questions: scheney [at] collin [dot] edu.]
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