No, not big magazines, Big Gulps. “An appeals court ruled Tuesday that New York City’s Board of Health exceeded its legal authority and acted unconstitutionally when it tried to put a size limit on soft drinks served in city restaurants. The state Supreme Court Appellate Division panel upheld a lower court decision that had delayed the measure before it took effect in March. The rule would stop many eateries from selling non-diet soda and other sugar-laden beverages in containers bigger than 16 ounces.” Sixteen ounces, seven rounds…an unconstitutional arrogation of power is an unconstitutional arrogation of power. Unless you’re in New York. Apparently. [h/t Don M.]

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41 Responses to BREAKING: NYC’s High Capacity Limit Struck Down

  1. nice. i jumped all over that title. holy cow! this is a liberal court too!

    bam, we are talking about big gulps. good job. thats why they pay you the big bucks.

  2. and somewhere in NYC, a rich midget with a Napoleon Complex, is throwing a temper tantrum behind closed doors . . . . . . . awesome.

    • He is probably having his security detail drag in and beat a homeless minority to cheer him up.

      • somehow, I think Bloomy has a private room at Rikers’ Island with one way glass where he watches interrogations and has his fantasy sessions of him being a tough cop using the single hanging light bulb as a prop to threaten inmates . . . .

        • Good Lord I can totally picture that. Standing there sweating and muttering to himself like the shop owner in Pulp Fiction watching the rape scene.

          “Yeah… Stop and frisk anybody I want… Private army… Ticker tape parade… Gun ban…”

  3. Cnn has a related article.

    180k people die each year world wide from diabetic problems brought on by drinking too many sodas.

    USA number? 25k

    More people die each year drinking sodas than from guns.

    What the actual heck….

  4. STUPID NY, 16 oz cup with 6 oz of ICE is only a 10 oz drink of soda..
    God forbid you get Caught by POLLIZI / GESTAPHO open carrying 2 drinks.
    JOHN F
    PS. thank God, I live in Arizona where large Drinks are Manditory & you can Open Carry Firearms or Concealed Carry, LEGALY (no permit required)

  5. I know everybody cites the “Big Gulp” on the “common sense soda safety” rules. Somewhat ironically part of the reason the rule was overturned was that it didn’t apply to Big Gulps.

    NYC has the authority over restaurants, but the State has authority over convenience stores. So the original court found an inequity in banning large sodas from delis and pizzarias, while someone could go next door to get a a Double Gulp.

  6. Well, that’s good. It was a stupid rule. They’ll probably try again, though. People that “know better” usually do.

  7. Another misleading headline. Seems that it is all about ad revenue lately. Used to be my hoot gun site bit no more.

    • You mean that you didn’t find it, even for the tiniest fraction of a second, to be funny? I mean, it’s like an April Fool’s joke. Only if they waited until April, then everyone would be expecting it.

  8. setting…closed door ….a single man sitting in a puddle of tears slowly rocking back and forth…why won’t they listen to me?…why….I try to do whats best for them…(sob)…why won’t they listen….(sob,sniff)

  9. *reads title*
    *reads article*

    … Youza biiiiiiiiitch. :p

    At any rate, more judiciary smackdown on Bloomberg is a good thing.

  10. I though a judge had already smacked this frivolous law down. I recall reading it. Was it a lower-court judge?

    • Lower court. It was appealed. Appellate court upheld the lower court verdict. Double whammy for Nanny Bloomberg.

    • I don’t think judges smack down anything. I could imagine Scalia in a “WWE Law Smackdown” situation, but not Ruth Bader Ginsburg.

      Judges rule things to be unconstitutional, they don’t smack things down and dress like wrestlers.

  11. I have to admit while it really pi&&es me off when I spend $30 on a meal at a resturaunt and they have the nerve to charge for refils, if I were a resturaunt owner and this passed, Id probably take advantage of it. Sorry, thats effed up but think about how evil it is (beyond telling people what they can and cant do). With a limited maximum size people would want more refils, so charge them for it. Just sayin.

    /sarcasm

  12. The only “Big Gulp” that Bloomberg likes has nothing to do with soda and everything to do with politicians who want his money.

    • Would that be the same big gulp that a former actor turned Obama admin was supposed to get in the Guantanimo Bay movie? Ironic.

  13. Would loved to have seen the temper tantrum that Commieberg threw!Feel sorry for his butler and housekeepers!Of course he will probably spend the tax payers money on an appeal,because he just has to have his way ya’ know.Be prepared and ready.Keep your powder dry.

  14. i wished this did pass. people would realize how controling the gov. is in nyc. maby people would say “hey that storm trooper that ticketed me for drinking a 20oz soda is the muscle of the people telling me how to protect my family.”

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