BREAKING: NYC’s High Capacity Limit Struck Down


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.]


  1. avatar Ryan says:

    That title is kinda evil…

      1. avatar Paul says:

        You should! 😉 Got my hopes up.

  2. avatar dwb says:

    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.

  3. avatar disthunder says:

    Dirty pool, old man!

  4. avatar OldBenTurninginGrave says:

    Not the top issue on my radar, but any victory over authoritarianism is welcome.

  5. avatar Dirk Diggler says:

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

    1. avatar Chris from Iowa says:

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

      1. avatar Dirk Diggler says:

        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 . . . .

        1. avatar Chris from Iowa says:

          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…”

  6. avatar Powers says:

    Title sucks

  7. avatar PhoenixNFA says:

    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….

    1. avatar Roscoe says:

      Noted by on this story:
      “They [the judges] also said the board appeared to have crafted much of the new rules based on political or economic considerations, rather than health concerns.”

      Also in the news similarly to Bloomberg’s effort to “NUDGE” people toward a healthiet diet is this gem:
      Gov’t Knows Best? White House creates ‘nudge squad’ to shape behavior.

      Guess who’s paying for all this? It sure ain’t the dependent gov’t supported takers.
      Higher prices, taxes, anyone?

      1. avatar Roscoe says:

        I’ve come to view this Democrat administration and the MSM that touts all it’s goodness as one and the same, or “Newspeak” if you will.

        1. avatar Jus Bill says:

          The Ministry of Truth.

    2. avatar In Memphis says:

      But people “choose” dia-beet-us every day. Thats not as tragic as one depressed white person killing others with high capacity armor peircing assault clips every decade or so

    3. avatar Jus Bill says:

      W O W! THAT’S a handy statistic to have.

  8. avatar ChrisH says:

    I bet your hit rate on this story is going to be impressive :-).

  9. avatar John F says:

    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)

  10. avatar Lemming says:

    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.

  11. avatar Aharon says:

    Where do you guys find these related images and pics used on TTAG? They’re often hysterical!

  12. avatar Matt in FL says:

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

  13. avatar Mike says:

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

    1. avatar William Burke says:

      You were born to disappointment. It’s time you admitted it to yourself, ya sad sack.

    2. avatar Don says:

      Mike, I think it is still an article that can make gun guys happy……it’s a loss for Bloomberg.

    3. avatar Hasdrubal says:

      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.

  14. avatar ready,fire ,aim says:

    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)

  15. avatar Gyufygy says:

    *reads title*
    *reads article*

    … Youza biiiiiiiiitch. :p

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

  16. avatar William Burke says:

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

    1. avatar B says:

      Probably thinking of the stay mentioned in the article from March.

    2. avatar Jus Bill says:

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

    3. avatar Craig says:

      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.

  17. avatar din says:

    armed intelligentsia?


    1. ar·ro·gate /ˈarəˌgāt/

      Take or claim (something) for oneself without justification.

      usurp – appropriate – assume

      1. avatar din says:

        just for that I’m gonna marry your mom.

  18. avatar In Memphis says:

    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.


  19. avatar Ralph says:

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

    1. avatar In Memphis says:

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

  20. avatar Andy says:

    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.

  21. avatar S.CROCK says:

    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.”

Write a Comment

Your email address will not be published. Required fields are marked *

button to share on facebook
button to tweet
button to share via email