Judge Blocks NY City “High Capacity” Ban

Big Gulp, c SA

The one on high capacity soda, that is. According to the New York Times, a judge in New York has invalidated the city high capacity soda container ordinance (that would have banned the sale of “large” sodas at NY city establishments, ostensibly to fight obesity) based on the fact that the ban is “arbitrary and capricious,” dealing a massive blow to Mayor Michael Bloomberg and his tyrannical reign over New York City. Which, by the way, is the exact same argument the Tresmonds are making against the “high capacity” magazine ban that was part of the SAFE Act. And if you look into this ruling a bit more, you can see the glimmer of logic and common sense taking hold in the New York judicial system . . .

From the Times:

The judge also wrote that the fact that consumers can receive refills of sodas, as long as the cup size is not larger than 16 ounces, would “defeat and/or serve to gut the purpose the rule.” And the judge also appeared to be skeptical of the purview of the city’s Board of Health, which the Bloomberg administration had maintained has broad powers to better the public’s health. 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.”

Let me change a couple words in here real quick . . .

The judge also wrote that the fact that [criminals] can [refill their firearms with new, fully loaded magazines], as long as the [magazine] size is not larger than [7 rounds], would “defeat and/or serve to gut the purpose the rule.” And the judge also appeared to be skeptical of the purview of the [NY Stage legislature], which the Bloomberg administration had maintained has broad powers to [circumvent the Second Amendment]. That interpretation, the judge wrote, “would [invalidate the bill of rights and leave the state governments] limited only by its own imagination,” and “create an administrative Leviathan.”

The exact same logic that was applied to create the “assault soda” legislation was applied to create the magazine capacity restriction legislation. Neither law actually fixes the problem, it instead is a knee-jerk reaction based on absolutely no research that tries to “do something” to fix a perceived problem. Instead of trying to actually present effective solutions, mayors like Michael Bloomberg instead try to legislate against the symptoms rather than the illness. And by doing so, they do more harm than good to their constituents.

At least the judicial system seems to be catching on to their idiotic laws at long last.