by James Huffman
Hoover Institution
April 04, 2013
New York City Mayor Michael Bloomberg’s big soda ban ran afoul of reason and common sense, or so decided New York Supreme Court Judge Milton Tingling last month. Bans on some big sugary drinks but not others, and on sales of big sugary drinks at some retailers but not others, are arbitrary and capricious, said the judge. But the courts should ask by what authority the mayor and the city have entering into the obesity combating business. Or they might ask why individual New Yorkers are not responsible for managing their own girth and weight. Don’t people have a right to be obese?

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