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(The Consumerist)   New York court rules that Bloomberg's big soda ban has absolutely no appeal   (consumerist.com) divider line 37
    More: Followup, New York Courts, regulations, berg administration  
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1759 clicks; posted to Business » on 31 Jul 2013 at 11:00 AM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



37 Comments   (+0 »)
   
View Voting Results: Smartest and Funniest
 
2013-07-31 09:30:54 AM  
I heard this on NBC this a.m. before heading to work and Brian Williams made some crack about the "corn based fructose flowing in Times Square tonight" or something of that ilk.

And I was all like, well look at Brian Willams, bringing the funny.  It's like the writers finally threw Bud Abbott a punchline.  Granted it wasn't a KO but it was something.
 
2013-07-31 10:12:44 AM  
I appreciate the sentiment behind the ban, but not only do consumer prohibitions rarely work as intended, the design and coverage of it seemed, as the SCNY put it, quite arbitrary.  A good idea implemented with a bad law becomes a bad idea.

Now that your personal liberties have been assured, folks, consider voluntarily cutting back on the sweetened beverages.  Even the diet sh*t isn't good for you.
 
2013-07-31 10:35:53 AM  
i.imgur.com

New Yorkers. Can't live with 'em, can't shoot more than 8 of 'em at one time.
 
2013-07-31 10:38:33 AM  
Big soda ban? MOTHERF*CKING OUTRAGE! TYRANNY! NANNY STATE!

Stop and Frisk policies: *crickets*
 
2013-07-31 11:02:56 AM  
When do we get ephedra back?
 
2013-07-31 11:13:44 AM  
 
2013-07-31 11:16:12 AM  
This will not make the Baby Tyrant very happy at all.
 
2013-07-31 11:17:39 AM  
I wonder if this could be applied to smoking bans as well.
 
2013-07-31 11:29:30 AM  

AngryDragon: I wonder if this could be applied to smoking bans as well.


Nope.
 
2013-07-31 11:29:49 AM  
i.imgur.com
I think I can help out here:

1.  8 is 1 more than 7.
2.  2 liters is larger than 12 oz.  I know that sounds silly, but an ounce is much smaller than a liter.  In fact there are 33 ounces in a liter.

Other crazy things they do in New York.
1.  It is legal to drive with a BAC of 0.07%.  However, 0.08% and above is illegal.
2.  It is legal to drive at 65mph on the interstate.  However, 66mph and above is illegal.

In other states other numbers are legal vs. illegal.  For example, in Louisiana it is illegal to drive with a BAC below 0.2%.
 
2013-07-31 11:31:33 AM  

Elegy: [i.imgur.com image 300x362]

New Yorkers. Can't live with 'em, can't shoot more than 8 of 'em at one time.


Ah, the nexus of gun nut and fatty. BTW, pizza delivery wasn't ever part of the "ban".
 
2013-07-31 11:43:56 AM  

Rapmaster2000: [i.imgur.com image 794x960]
I think I can help out here:

1.  8 is 1 more than 7.
2.  2 liters is larger than 12 oz.  I know that sounds silly, but an ounce is much smaller than a liter.  In fact there are 33 ounces in a liter.

Other crazy things they do in New York.
1.  It is legal to drive with a BAC of 0.07%.  However, 0.08% and above is illegal.
2.  It is legal to drive at 65mph on the interstate.  However, 66mph and above is illegal.

In other states other numbers are legal vs. illegal.  For example, in Louisiana it is illegal to drive with a BAC below 0.2%.


I can play at this game:

3. Killing 0 people perfectly fine, killing 1 person and suddenly it is a big deal


/Law is stupid but easy to understand
 
2013-07-31 11:50:04 AM  

You're the jerk... jerk:
I can play at this game:
3. Killing 0 people perfectly fine, killing 1 person and suddenly it is a big deal


Kill a man and you're a murderer, kill many and you're a conqueror, kill them all....you're a god
 
2013-07-31 11:58:05 AM  

adder1: You're the jerk... jerk:
I can play at this game:
3. Killing 0 people perfectly fine, killing 1 person and suddenly it is a big deal


Kill a man and you're a murderer, kill many and you're a conqueror, kill them all....you're a god


"One death is a tragedy; one million is a statistic." - Joseph Stalin
 
2013-07-31 12:14:30 PM  

Elegy: can't shoot more than 8 of 'em at one time.


www.imfdb.org
 
2013-07-31 12:34:02 PM  

Kuroboom: Elegy: can't shoot more than 8 of 'em at one time.


i.imgur.com

11/10 would laugh again. Well played, sir or madam, well played.

/bonus point for multiple levels of humor
 
2013-07-31 01:20:30 PM  
NYC, the courts have told you twice now how to fix this, but you don't seem to be listening.

Make the regulations affect all beverages meeting certain criteria for sugar or caloric content, or none of them.

Make the regulations affect all businesses that sell the regulated beverages, or none of them.

The argument that the government may regulate beverage sales in the interest of public health hasn't been rejeced.  You just need to find a way to do it that has a logical and consistent basis.

/or not at all.
 
2013-07-31 01:32:12 PM  

Kuroboom: Elegy: can't shoot more than 8 of 'em at one time.

[www.imfdb.org image 700x303]


frontierpartisans.com
 
2013-07-31 01:34:12 PM  
Just ban soda completely and watch people flip out. Don't like it? Too bad. When your obesity stops costing the city money you can decide what to drink again. Also should apply to all fast food. Learn to cook it isn't that hard.
 
2013-07-31 01:34:30 PM  

poot_rootbeer: NYC, the courts have told you twice now how to fix this, but you don't seem to be listening.

Make the regulations affect all beverages meeting certain criteria for sugar or caloric content, or none of them.

Make the regulations affect all businesses that sell the regulated beverages, or none of them.

The argument that the government may regulate beverage sales in the interest of public health hasn't been rejeced.  You just need to find a way to do it that has a logical and consistent basis.

/or not at all.


In other words "arbitrary and capricious" law is arbitrary.  And capricious.
 
2013-07-31 01:35:59 PM  

Carth: Just ban soda completely and watch people flip out. Don't like it? Too bad. When your obesity stops costing the city money you can decide what to drink again. Also should apply to all fast food. Learn to cook it isn't that hard.


Just soda?  Just fast food?
 
2013-07-31 01:35:59 PM  

Rapmaster2000: 2.  It is legal to drive at 65mph on the interstate.  However, 66mph and above is illegal.


I thought most of the interstates in the state of NY are 55 mph.
 
2013-07-31 01:39:38 PM  

poot_rootbeer: NYC, the courts have told you twice now how to fix this, but you don't seem to be listening.

Make the regulations affect all beverages meeting certain criteria for sugar or caloric content, or none of them.

Make the regulations affect all businesses that sell the regulated beverages, or none of them.

The argument that the government may regulate beverage sales in the interest of public health hasn't been rejeced.  You just need to find a way to do it that has a logical and consistent basis.

/or not at all.


Unfortunately for NYC they are incapable of meeting the logical and consistent basis requirement.  Some businesses are regulated by the local health department (local restaurants) while others operate under state rules (convenience stores).  So when the courts are saying "The rules must be consistent" what they are really saying is "You can't do this".  So what this means is that both the state and city has to remain in lock step on this - they must promote the same rules, and since state rules trump city rules, only after the state says "regulate" may the city then copy the rule.

That's the theory anyway.  For some reason this particular mismatch between city rules and state rules has gotten the court's attention, while numerous other rule differences are being ignored (I can only imagine the golden rule comes into play, as in this rule is threatening enough people's cash flow, where those other inconsistencies don't).  For the most part, however, the particular odd rules a city like NYC has are in areas that have been explicitly delegated to the local level.  So rules like "Can't have a wooden structure on your property" is consistent with state law, even though having a wooden house is perfectly legal outside the five boroughs.  Building code extensions have been explicitly granted by the state to the city.  Same is true in many parts of education, policing, traffic, roads, etc...
 
2013-07-31 02:50:06 PM  
Agree with this ruling.  Folks should have the freedom to drink/eat whatever they want, and I should have the freedom to still judge them for being fat.
 
2013-07-31 03:04:21 PM  

jaerik: Agree with this ruling.  Folks should have the freedom to drink/eat whatever they want, and I should have the freedom to still judge them for being fat.


This
 
2013-07-31 03:12:39 PM  

GoldSpider: Carth: Just ban soda completely and watch people flip out. Don't like it? Too bad. When your obesity stops costing the city money you can decide what to drink again. Also should apply to all fast food. Learn to cook it isn't that hard.

Just soda?  Just fast food?


Computer users have always been fat asses. Let's ban all recreational computer use too.
 
2013-07-31 03:18:55 PM  

adder1: You're the jerk... jerk:
I can play at this game:
3. Killing 0 people perfectly fine, killing 1 person and suddenly it is a big deal


Kill a man and you're a murderer, kill many and you're a conqueror, kill them all....you're a god


But Captive Honor, aint no honor
 
2013-07-31 03:30:09 PM  

Nemo's Brother: Computer users have always been fat asses. Let's ban all recreational computer use too.


Carth apparently has a fat head too. We're going to need to ban high-capacity egos..
 
2013-07-31 04:11:24 PM  
So, in other words, the ban fizzled out?
 
2013-07-31 04:30:00 PM  
Bloomberg should go fark off back to his mansion and count his billions of dollars. Rich jackass.
 
2013-07-31 04:35:15 PM  

Arkanaut: I thought most of the interstates in the state of NY are 55 mph.


Outside of NYC the speed limit is generally 65.
 
2013-07-31 04:50:45 PM  

Pentaxian: Arkanaut: I thought most of the interstates in the state of NY are 55 mph.

Outside of NYC the speed limit is generally 65.


Long Island is 55, and I thought the New York Thruway is also 55; that said it looks like there are "controlled access highways" where you're allowed to go 65:

http://www.safeny.ny.gov/spee-ndx.htm#65
 
2013-07-31 09:02:12 PM  

drjekel_mrhyde: jaerik: Agree with this ruling.  Folks should have the freedom to drink/eat whatever they want, and I should have the freedom to still judge them for being fat.

This


And tax it to some degree.

My opinion is if we actually want to have both freedom and accountability lets just tax things deeemed "bad for you" thereby allowing you the freedom of getting it while offsetting costs associated.  See smoking tax.

I much prefer being allowed to smoke on occasion that the idea that it is an activity that I am simply not allowed to engage in.
 
2013-07-31 10:40:50 PM  

Rapmaster2000: [i.imgur.com image 794x960]
I think I can help out here:

1.  8 is 1 more than 7.
2.  2 liters is larger than 12 oz.  I know that sounds silly, but an ounce is much smaller than a liter.  In fact there are 33 ounces in a liter.

Other crazy things they do in New York.
1.  It is legal to drive with a BAC of 0.07%.  However, 0.08% and above is illegal.
2.  It is legal to drive at 65mph on the interstate.  However, 66mph and above is illegal.

In other states other numbers are legal vs. illegal.  For example, in Louisiana it is illegal to drive with a BAC below 0.2%.


Explain then how 17 oz milk-based sugar-filled 600 calorie coffee drink is perfectly legal when 17 oz 600 calorie soda is not
 
2013-08-01 01:49:28 AM  

Rapmaster2000: [i.imgur.com image 794x960]
I think I can help out here:

1.  8 is 1 more than 7.
2.  2 liters is larger than 12 oz.  I know that sounds silly, but an ounce is much smaller than a liter.  In fact there are 33 ounces in a liter.

Other crazy things they do in New York.
1.  It is legal to drive with a BAC of 0.07%.  However, 0.08% and above is illegal.


In most jurisdictions, you can be arrested for "impaired driving" if you have a BAC of 0.00001%.  May not carry the weight of a DUI but it is wrong to say it is "legal"

2.  It is legal to drive at 65mph on the interstate.  However, 66mph and above is illegal.

Again, circumstances may dictate that 65 mph is too high a speed under certain conditions.  It is not legal to drive 65 mph on a highway covered in black ice or fog.
 
2013-08-01 01:55:23 AM  

ArkAngel: Rapmaster2000: [i.imgur.com image 794x960]
I think I can help out here:

1.  8 is 1 more than 7.
2.  2 liters is larger than 12 oz.  I know that sounds silly, but an ounce is much smaller than a liter.  In fact there are 33 ounces in a liter.

Other crazy things they do in New York.
1.  It is legal to drive with a BAC of 0.07%.  However, 0.08% and above is illegal.
2.  It is legal to drive at 65mph on the interstate.  However, 66mph and above is illegal.

In other states other numbers are legal vs. illegal.  For example, in Louisiana it is illegal to drive with a BAC below 0.2%.

Explain then how 17 oz milk-based sugar-filled 600 calorie coffee drink is perfectly legal when 17 oz 600 calorie soda is not


Cane sugar is natural while corn sugar is unnatural, at least according to this pamphlet I got from the Cane Sugar Council.
 
2013-08-01 08:36:59 AM  

Arkanaut: Pentaxian: Arkanaut: I thought most of the interstates in the state of NY are 55 mph.

Outside of NYC the speed limit is generally 65.

Long Island is 55, and I thought the New York Thruway is also 55; that said it looks like there are "controlled access highways" where you're allowed to go 65:

http://www.safeny.ny.gov/spee-ndx.htm#65


Generally 65 outside of NYC. The thruway (I-90) is 65 from Syracuse west, with the obvious exception of construction zones. Western NY is almost entirely 65 once you get outside of Buffalo.
 
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