"Arbitrary and Capricious."
I don't drink sugar soft drinks*. Oh, I love them, but I came to grips a long time ago with the fact that I have to watch my calorie intake, and that I'm a slob. That slob part references the fact that sugar drinks make everthing sticky, once they spill. I spill. I know this about myself, and I've taken the measure of avoiding sugary drinks. Also, there is the fact that two of my immediate family have adult-onset diabetes. While my sugar levels are good, I don't care to tempt fate. So, in addition to unsweetened coffee and tea, I will often enjoy a cold diet soda.
It has likely been 20 years or more since I had a Big Gulp full of sugary soft drink.
I tell you this to explain that it is not any kind of personal addiction to high-fructose corn syrup-laden beverages that makes me so very pleased with the ruling of Justice Milton A. Tingling Jr. of New York's State Supreme Court in Manhatten, when he recently struck down our largest city's ban on large sugared soft drinks.
In his ruling, Justice Tingling made clear that the ordinance was not only questionable in its justification, but in its jurisdiction, as well. The city of New York's Board Of Health was interpretting its own jurisdiction to be whatever it said it was.
That interpretation, the judge wrote, “would leave its authority to define, create, mandate and enforce limited only by its own imagination,” and “create an administrative Leviathan.”The schadenfreude. It tastes sweet.
Are you listening, Feds?
*As a general rule, this is the case. About twice a year, I will indulge in a nice cold Coca-Cola, especially when in the company of friends, and when a dram or two of rum and perhaps a lime might be involved.