Court: "You can't ban stupid"

[kbot]

The NY State Appeals Court upheld the decision striking down NY City's Mayor Bloomberg's ban on large capacity sugary drinks.

Translation: "Even the nanny state has limits...."

Appeals court upholds ruling striking down NYC’s large soda ban

Mayor Bloomberg’s big soda ban is still dead.

A state appeals court Tuesday upheld a lower court decision blocking the mayor’s controversial ban on sugary drinks over 16 ounces, ruling that the Bloomberg-controlled Board of Health had overstepped its powers

In unanimous finding, the First Department of the state Supreme Court’s Appellate Division said far-reaching actions like the soda ban are matters better suited for the state Legislature or City Council, not the Board of Health.

“The Board of Health overstepped the boundaries of its lawfully delegated authority when it promulgated the [ban] to curtail the consumption of soda drinks,” Appellate Justice Dianne Renwick wrote for the court. “It therefore violated the state principle of separation of powers.”

http://www.nydailynews.com/news/politic ... -1.1412637

[Cherry Kelly]

Now if this were extended to all the new rules for school lunch programs.

[kbot]

Could be extended to a lot of things.......