
Soda ban intrudes on personal freedom
Posted March 12, 2013 at 9:19 pm in Columns, Featured, Opinion
Monday afternoon, just hours before New York City Mayor Michael Bloombergâs proposed ban on large sugary drinks was to take effect, a state judge blocked the measure because of the lawâs âarbitrary and capriciousâ nature.
The court held that the cityâs Board of Health encroached on the authority of the City Council in its approval of the law, a ruling that Bloomberg and the city almost immediately vowed to appeal.
Despite Bloombergâs vociferous opposition to the decision, the courtâs ruling was a sound one not only in its legal reasoning but also in its prevention of the growth of the nanny state and erosion of personal freedom.
The city ordinance, which was set to go into effect midnight on Monday, would have banned the sale of sugary drinks larger than 16 ounces throughout the city, albeit with a few exceptions made because of the regulation of some establishments by the state as opposed to the city.
Bloombergâs high-profile ban was frightening in its implications for governmentâs growing power to regulate individualsâ freedom of choice. It is, and always should be, a personâs own decision whether they want to eat or drink something, regardless of the potential ill effects on their health.
The proposed ban was an example of New York Cityâs government grossly overstepping its bounds, but it was also something that would have done very little to curb what the mayor cited as the cityâs âobesity epidemic.â
Though drinking too much soda has been proven to cause negative health effects, it is just one of many contributors to obesity. Obesity is a result not of one too many extra-large Dr Peppers, but also of generally poor eating habits and an overall lack of exercise.
With this in mind, it is clear that it is up to the individual to decide whether they will allow themselves to become or remain overweight, from drinking too much soda or otherwise.
Bloombergâs proposed ban seems to ignore this. In fact, instead of compelling individuals to take health into their own hands, the measure shifts the blame for obesity to the establishments that sell sugary drinks, casting the government as the omnipotent guardian of peopleâs health.
This trend toward government involvement in all aspects of life is dangerous and counterintuitive to personal responsibility. In an age where people blame their ills on anything and anyone other than themselves, Bloombergâs proposal only contributes to the trend by treating citizens like children incapable of making their own decisions.
Not only is such a ban an unjust and absurd intrusion of government power on individual freedom of choice, it is just another example of misdirected resources and government ineffectiveness. In a city plagued by such serious problems as poverty and inadequate public schools, Bloombergâs focus on banning the sale of large sugary drinks is a complete waste of effort and money.
Instead of focusing on whether a person buys an 18-ounce Coke at the movies, maybe the city should concentrate on using its resources to reduce crime and provide better educations for kids. Unfortunately, Bloombergâs vow to appeal the decision means that even more of the cityâs money will go toward legal fees instead of back to New Yorkers.
A man interviewed by CNN on the streets of New York could not have summed it up any better: âI donât care how much soda people drink â there are bigger issues in this city than people drinking sugar ⊠I mean, look around us. Isnât there more that our mayor can concentrate on than sugar?â
That the average citizen can recognize the flaws of such efforts by Bloomberg provides hope that the court will uphold its reversal of the ban. At the end of the day, the ban would bring nothing other than a dangerous expansion of government power while de-emphasizing the need for people to make smart decisions for themselves.
Sarah Cueva is a junior majoring in Middle East studies and political science. Her column âHomelandâ runs Wednesdays.
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This article is tagged: Health, michael bloomberg, obesity, soda ban








Bloomberg sits on the toilet thinking up ways to irritate and control people for his own enjoyment, while the whole time drawing public attention to himself that he craves so much !!!!!! OY VEY!
Our local Gulp-Grabber court decision is below, compliments of the NY Times. While most media focus on the âarbitrary and capriciousâ standard, I believe there is a far larger one that the judge identifies and writes about.
“The rule would not only violate the separation of powers doctrine, it would eviscerate it.”
http://www.nytimes.com/interactive/2013/03/12/nyregion/12soda-decision.html?_r=1&