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Mar 12 2013

Arbitrary and Capricious

Bwahaha! Nanny Bloomberg’s outrageous soda ban has been struck down:

Before the stunning ruling by New York Supreme Court Judge Milton Tingling, restaurants, movie theaters, sports venues, convenience stores and other places regulated by the city’s health department would have been prohibited … from selling sugary drinks of more than 16 ounces.

Tingling permanently stopped the city from enforcing the ban.

Bloomberg’s initial reaction was exactly what you would expect. He sulked like a spoilt child and spewed preposterous rhetoric:

“I got to defend my children and you and everybody else and do what’s right to save lives,” he angrily said.

Defend his children. From soda pop. Who the hell voted for this clown?

The judge understands this is about power, not “sugary drinks”:

Judge Tingling said Bloomberg and the Board of Health overstepped their bounds, to enforce rules that should be established by the legislative bodies.

“The rule would not only violate the separation of powers doctrine, it would eviscerate it,” Tingling wrote. “Such an evisceration has the potential to be more troubling than sugar sweetened drinks.” …

The regulations are “fraught with arbitrary and capricious consequences,” the judge wrote.

Now if only the rest of Bloomberg’s arbitrary and capricious dictates would be trashed, allowing New Yorkers to enjoy the same rights as other Americans regarding trans fats, firearms, salt, smoking, baby formula, Styrofoam, et cetera, ad nauseam.

Bloomberg of course will appeal the ruling until he gets to a court that shares his authoritarian statist ideology.

On tips from Ummah Gummah, Robert B, Muddypaw, Wiggins, IslandLifer, Flu-Bird, and Varla.

21 Responses to “Arbitrary and Capricious”

  1. metprof says:

    And Heinrich Bloomberg will continue to piss away NYC $ appealing this decision.

    Well NY, you voted for this little tyrant. You get to live with him.

  2. JDavid says:

    Almost ALL of NYState’s couny gov’t have either passed, or are about to, resolutions to disregard enforcement of the Cuomo’s illegal gun laws. Only shoreline counties have not, as far I can see, passed or considered nullification yet.

  3. JDavid says:

    Nullification is about to go national, coercion cancels all contracts.

  4. Flu-Bird says:

    Since when are the citizens of the city of NEW YORK are Bloomboogers children? Frankly he needs a good swat in the rear and a good swift kick as well HE IS A JERK and STUPID as well

  5. Drink Up New Yorkers! says:

    Who sued nanny? The Korean grocers, Hispanic grocers, soda distributor worker unions, pizza parlor owners. The judge dismantled der Bloomfuhrer. The lonely pathetic anus will appeal and that will also fail.

    (hat tip to Dr. Savage)

  6. Drink Up New Yorkers! says:

    add:movie theater owners were also part of this.

  7. Skyfall says:

    That judge gives me a “Tingling” up my leg!

    Now, let’s get him to nullify Obama-care and we’ll be onto something.

    Here’s hoping…

  8. Spider says:

    Don’t think queen Bloomberg will take this lying down. He is the epitome of left-wing, elitist arrogance, and truly believes he, and he alone, should decide how everyone must live.

    Here’s another interesting point brought out by this court decision. Most of NYC’s draconian regulations meant to punish people (who choose) to use tobacco products came from the Gestapo-like NYC Health Dept. which the court has now found lacks the authority to ban legal products. This is not the first time one of His Majesty Bloomberg’s city agencies has overstepped, or used, authority it doesn’t legally have.

    BTW, a pack of cigarettes in NYC is around $13.50+, about $6.75+ of that is “tax”. (see: penalty for failing to obey) It’s in fact a penalty because it goes way beyond NYC’s sales tax which is 8.75% To punish people who wish to make their own free choices is wrong, whether you choose to smoke or not. I wonder how the leftist Tobacco-Nazi’s would feel if a woman was taxed simply because she makes a free choice to get an abortion?

  9. wingmann says:

    Some smart people in new york are voting with their feet: later doomberg !

  10. A. Levy says:

    Bloomberg is a Fascist of the first order. He is also the ultimate control freak, truly believing his mega-wealth gives him the right to control every single aspect of peoples daily lives. If he were not in one of “the most” politically corrupt cities and states in the country, he would have been run out of town a long time ago.

    But, because NYC’s politics are controlled by the ultra-leftists of Manhattan, and because he is an integral part of the MSM, (Bloomberg News) his Gestapo-like actions have been not only tolerated, but applauded. He is a VERY dangerous little tyrant.

  11. Dr. 9 says:

    The ongoing destruction of America:

    ( – The U.S. State Department’s policy on dealing with transgendered people will allow Americans who are anatomically male but identify themselves as female to secure U.S. passports that match their gender “identity” rather than their anatomy.

    The policy also allows records for births abroad to be changed to reflect the “new” gender of an individual.

    “The U.S. Department of State is pleased to use the occasion of Lesbian, Gay, Bisexual, Transgender Pride Month to announce its new policy guidelines regarding gender change in passports and Consular Reports of Birth Abroad,” the June 9, 2010 media note states on State’s website states.

    “Beginning June 10, when a passport applicant presents a certification from an attending medical physician that the applicant has undergone appropriate clinical treatment for gender transition, the passport will reflect the new gender,” the note states. “The guidelines include detailed information about what information the certification must include.”

    “It is also possible to obtain a limited-validity passport if the physician’s statement shows the applicant is in the process of gender transition,” the note states. “No additional medical records are required.”

    Sex-change surgery is not required to get a passport with an individual’s “preferred” gender.

  12. Mickey Shea says:

    “I gots to defend my chirrens…” heh heh

  13. […] Arbitrary and Capricious […]

  14. Flu-Bird says:

    I want to see bloomboogers lose the appeal i want to see this arrogant old pompous peacock eat crow

  15. Henry says:

    The worst part is Nanny Führerberg will be using NYC’s taxpayers’ own money to appeal the ruling.

  16. KHarn says:

    “Flu-Bird says:March 12, 2013 at 9:17 am”

    Good point!

    The soviets had a saying: “The STATE is father and mother”.

  17. KHarn says:

    “Dr. 9 says:March 12, 2013 at 10:08 am”

    And if an American is arrested in another country for FALSIFYING their passport?

  18. Flu-Bird says:

    BOYCOTT NEW YORK CITY this summer find a diffrent place to visit rather then the BIG ROTTEN APPLE

  19. MicahStone says:

    Since the judge who slapped-down the soda-jerk’s nanny ruling is named “Tingling,” we can all now join looney matthews in having a “Tingling” up our leg!

  20. Ummah Gummah says:

    Bloomberg’s initial reaction was exactly what you would expect. He sulked like a spoilt child and spewed preposterous rhetoric:

    “I got to defend my children and you and everybody else and do what’s right to save lives,” he angrily said.

    You supported the GROUND VERO VICTORY MOSK, you CLOWN!!!!




  21. Chrissy Tingles says:

    I did not know what the save the children was about until the radio played the asshat petty tyrant making that comment. Always the fake phoney mantra of lefty rats…do it for the children.

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