NCCU Law alumnus blocks Bloomberg’s soda ban

Posted by T. Greg Doucette on Mar 13, 2013 in Randomness | Subscribe

Most of y’all have probably read by now that, in what was likely one of the most widely-covered trial court decisions issued by any court in years, a judge on the New York “Supreme” Court1 earlier this week struck down the absurdly overbroad “soda ban” enacted by New York City Mayor Michael Bloomberg.

Some snippets from this article in the Wall Street Journal:

Mayor Michael Bloomberg was dealt a stinging blow on Monday when a state Supreme Court Judge quashed his plan to ban the sale of large sugary drinks in the city’s restaurants and other venues…

…New York state Supreme Court Judge Milton Tingling declared invalid Mr. Bloomberg’s plan to prohibit restaurants, mobile food carts, delis and concessions at movie theaters, stadiums or arenas from selling sugary drinks in cups or containers larger than 16 ounces. The ban was set to begin Tuesday.

New York state Supreme Court Judge Milton Tingling declared invalid Mr. Bloomberg’s plan to prohibit restaurants, mobile food carts, delis and concessions at movie theaters, stadiums or arenas from selling sugary drinks in cups or containers larger than 16 ounces. The ban was set to begin Tuesday…

…The judge ruled the regulations are “fraught with arbitrary and capricious consequences,” noting how there would be uneven enforcement within a single city block. The regulations didn’t affect the Big Gulp at 7-11 because supermarkets and convenience stores are regulated by the state, not the city.

He wrote that regulations exclude other beverages that have significantly higher concentrations of sugar sweeteners and calories on “suspect grounds.” The regulations don’t limit patrons from getting refills; that provision, the judge said, appears to “gut the purpose of the rule.”

Even though I read through the whole 37-page opinion and agree with nearly every word, normally I wouldn’t care enough to make a blog entry out of it.2

But in this case the judge’s name looked familiar, and I figured out why — Judge Tingling is actually a 1982 graduate of my alma mater, the North Carolina Central University School of Law, and was our guest speaker3 at our annual Law Week Banquet my 3L year :spin:

Just wanted to share :) And tell you I’m still alive, still not bankrupt, and still keeping this blog on something at least vaguely resembling life support!

Have a good night y’all! :D

  1. That’s actually what their trial-level courts are called in New York. I don’t get it either… []
  2. Clearly, in light of my near-month-long absence :beatup: []
  3. Along with Congressman G.K. Butterfield, who wasn’t a bad speaker himself! []

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